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Benjamin Forrest Carter v. Virginia
Paid petition · Supreme Court of Virginia, No. 201107 · judgment May 20, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Supreme Court of Virginia erred in affirming the judgment of the Court of Appeals of Virginia, which affirmed the defendant’s convictions in the Circuit Court of the City of Newport News, Virginia, where the Circuit Court erred in admitting victim-witness Jasmine Smith-Aaron’s hearsay prior preliminary hearing testimony as substantive evidence in violation of defendant-appellant’s Sixth Amendment right of confrontation and then attempting to remedy its own error by subsequently striking the improperly admitted transcript references from the record at a point too late in the trial to cure the earlier constitutional violation?
Counsel of record
For petitioner
Andrew Michael Sacks
Sacks & Sacks, P.C.
For respondent
Michelle Shane Kallen
Virginia Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 22 2021Petition DENIED.
- Nov 02 2021DISTRIBUTED for Conference of 11/19/2021.
- Oct 27 2021Waiver of right of respondent Commonwealth of Virginia to respond filed.
- Oct 18 2021Petition for a writ of certiorari filed. (Response due November 19, 2021)