No. 21-576

Benjamin Forrest Carter v. Virginia

Lower Court: Virginia
Docketed: 2021-10-20
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause constitutional-violation criminal-procedure hearsay hearsay-testimony judicial-error prior-testimony remedy sixth-amendment
Key Terms:
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Latest Conference: 2021-11-19
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-27
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2021-10-18
Petition for a writ of certiorari filed. (Response due November 19, 2021)

Attorneys

Benjamin Forrest Carter
Andrew Michael SacksSacks & Sacks, P.C., Petitioner
Andrew Michael SacksSacks & Sacks, P.C., Petitioner
Commonwealth of Virginia
Michelle Shane KallenVirginia Office of the Attorney General, Respondent
Michelle Shane KallenVirginia Office of the Attorney General, Respondent