Benjamin Forrest Carter v. Virginia
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Whether the Supreme Court of Virginia erred in affirming the defendant's convictions where the Circuit Court erred in admitting victim-witness hearsay testimony in violation of the Sixth Amendment right of confrontation
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 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?