Supreme Court Report

Supreme Court of the United States · Official docket →

Nolan Marcus Forness, II v. Virginia

Paid petition · Supreme Court of Virginia, No. 220514 · judgment January 4, 2023


Certiorari denied · October 2, 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

Issue 1. Given the current extensive of use by law enforcement of modern technology such as automobile and body cameras, a defendant’s right under the Compulsory Process and Confrontation Clauses of the Sixth Amendment and Due Process Clauses of both the Fifth and Fourteenth Amendments to access the resultant recordings and this Court should delineate the protections afforded to defendants and the procedures and standards courts must employ with regard to the loss and/or destruction of such evidence: a) Regarding the admissibility of such evidence; and b) Regarding the right of the trier of fact to hear and assess such evidence.

Counsel of record

For petitioner
Marvin David Miller
The Law Offices of Marvin D. Miller

For respondent
Andrew Nathan Ferguson
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 23 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 22 2023
    Waiver of right of respondent Commonwealth of Virginia to respond filed.
  4. Jun 20 2023
    Petition for a writ of certiorari filed. (Response due August 31, 2023)