No. 19-6145

Anthony Mark Smith, Jr. v. Virginia

Lower Court: Virginia
Docketed: 2019-10-03
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial hearsay precedent standard-of-proof victim-testimony
Latest Conference: 2019-12-06
Question Presented (from Petition)

In light of the decisions in Jackson v Virginia, 443 U.S. 307 (1979), whether the trial court erred in finding the petitioner guilty beyond a reasonable doubt?

2. Whether Trial Court erred when it allowed the entrance of a photograph of the Victim's apartment which contained the victim's children, because it was relevant and more prejudicial than probative in value is in Conflict with their own precedent "Beverly v Commonwealth" Snarr v Commonwealth and other Sister Circuits "United States v Washington?

3. Whether Trial Court erred in admitting testimony evidence that included inadmissible Hearsay and called for speculation is in Conflict with their own precedent Beverly v Commonwealth, 12 VA App 16 (1991) Snarr v Commonwealth, 131 VA 814 (1921)?

Question Presented (AI Summary)

Whether the Virginia Supreme Court and Court of Appeals erred in refusing to set aside the petitioner's conviction and sentence, which violated his rights secured by the proof beyond a reasonable doubt standard

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Anthony Smith
Anthony M. Smith Jr. — Petitioner