No. 22-6009

David Matthew Carter v. South Carolina

Lower Court: South Carolina
Docketed: 2022-11-07
Status: Denied
Type: IFP
IFP
Tags: civil-procedure confrontation-clause courtroom-removal Crawford-v-Washington criminal-procedure due-process Maryland-v-Craig sixth-amendment trial-rights witness-testimony
Key Terms:
DueProcess
Latest Conference: 2023-01-06
Question Presented (from Petition)

Did the trial Court commit reversable error by removing Petitioner from the courtroom and forcing him to watch his trial via closed circuit monitoring during the minor victim's testimony in violation of his Sixth Amendment right to be present for his own trial and confront the witnesses against him?

Should the Court overrule Maryland v. Craig, 497 U.S. 836 (1990) and declare S.C. Code Ann. § 16-3-1550() (2012) unconstitutional given the Court's ruling in Crawford v. Washington, 541 U.S. 36 (2004)? If not, did the process employed by the trial Court comply with this Court's ruling in Craig and the South Carolina statute?

Question Presented (AI Summary)

Sixth-Amendment-right-to-be-present

Docket Entries

2023-01-09
Petition DENIED.
2022-12-22
DISTRIBUTED for Conference of 1/6/2023.
2022-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2022)

Attorneys

David Carter
Michael Ryan PayneThe Law Office Of M. Ryan Payne, LLC, Petitioner