No. 19-159

Carlos Tapia v. New York

Lower Court: New York
Docketed: 2019-08-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: confrontation-clause criminal-procedure cross-examination due-process evidence memory-loss sixth-amendment testimonial-statement
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether a witness's total memory loss prevents him from testifying about his prior out-of-court testimonial statement, and whether the witness's mere presence at trial is enough to provide the defendant with the opportunity for cross-examination guaranteed by the Confrontation Clause

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, when a witness’s total memory loss prevents him from testifying about his prior out-of-court testimonial statement, the witness’s mere presence at trial is enough to provide the defendant with the opportunity for cross-examination guaranteed by the Confrontation Clause. ii STATEMENT OF

Docket Entries

2019-12-09
Petition DENIED.
2019-11-15
Reply of petitioner Carlos Tapia filed. (Distributed)
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-10-31
Brief of respondent New York in opposition filed.
2019-09-05
Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2019.
2019-08-30
Motion to extend the time to file a response from September 18, 2019 to November 1, 2019, submitted to The Clerk.
2019-08-19
Response Requested. (Due September 18, 2019)
2019-08-14
DISTRIBUTED for Conference of 10/1/2019.
2019-08-08
Waiver of right of respondent New York to respond filed.
2019-07-31
Petition for a writ of certiorari filed. (Response due September 3, 2019)
2019-06-19
Application (18A1339) to extend the time to file a petition for a writ of certiorari from July 1, 2019 to July 31, 2019, submitted to Justice Ginsburg.
2019-06-19
Application (18A1339) granted by Justice Ginsburg extending the time to file until July 31, 2019.

Attorneys

Carlos Tapia
Daniel Adam RubensOrrick, Herrington & Sutcliffe LLP, Petitioner
New York
David Andrew SlottOffice of the District Attorney, Bronx County, New York, Respondent
James Jiann WenOffice of the District Attorney, Bronx County, Respondent