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South Carolina v. Angela D. Brewer

Paid petition · Supreme Court of South Carolina, No. 28120 · judgment October 12, 2022


Certiorari denied · June 20, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are testimonial in nature and their admission without cross-examination of the analyst violates a criminal defendant’s right to confrontation as articulated in Crawford v. Washington, 541 U.S. 36, 51 (2004), Melendez–Diaz v. Massachusetts, 557 U.S. 305 (2009), and Ohio v. Clark, 576 U.S. 237 (2015).

Counsel of record

For petitioner
William Melvin Blitch Jr.
South Carolina Attorney General's Office

For respondent
David Alexander
South Carolina Commission on Indigent Defense,

Case

Conference history
Distributed for 1 conference

Linked docket
22A589

Proceedings

  1. Jun 20 2023
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 20 2023
    Petition DENIED.
  3. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  4. May 15 2023
    Brief of respondent Angela D. Brewer in opposition filed.
  5. May 15 2023
    Motion for leave to proceed in forma pauperis (Docketed June 5, 2023) filed by respondent Angela D. Brewer.
  6. Mar 27 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
  7. Mar 23 2023
    Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk.
  8. Mar 10 2023
    Petition for a writ of certiorari filed. (Response due April 14, 2023)
  9. Dec 30 2022
    Application (22A589) granted by The Chief Justice extending the time to file until March 11, 2023.
  10. Dec 16 2022
    Application (22A589) to extend the time to file a petition for a writ of certiorari from January 10, 2023 to March 11, 2023, submitted to The Chief Justice.