No. 18-8425

Henry Johnson Lucas, Jr. v. Virginia

Lower Court: Virginia
Docketed: 2019-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals brady-violation civil-procedure civil-procedure-appeal-timeliness-dismissal-rules- constitutional-violation due-process evidence-suppression new-trial-motion procedural-error prosecutorial-misconduct rules-of-court standing timeliness
Latest Conference: 2019-05-09
Question Presented (from Petition)

Did the Virginia Supreme Court rule erroneously in dismissing netitioner's aDDeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia.

Did the Circuit Court of Culeer County. Virginia the last court that ruled, erroneously dismiss petitioner's Motion For a New Trial under Rule 1:1 of the Rules of the Supreme Court of Virginia.

Did the Circuit Court of Culeer Cduntv, Virginia the last court that ruled, erroneousaiv rule that the CulDener. Virginia Police Department was not in violation of Code of Virginia §19.2-59 illegal search. and Amendment Four of the United States Constitution., and Brady v. Md.

Iv. Did the Circuit C0urt of Culeer County. Virginia the last court thatruled, erroneously rule when it dismissed petitioner's Motion For a New Trial on newly discovered missing eiidence, exoulatorv, and impeachment evidence after 21 days has exnired and Brady.

Did the Circuit Court of Culeer County. Virniniasthe last court that ruled. erroneously rule when it did not nrant a new tria?lbased onnrosecutoral,, police misconduct

Did the Circuit Court of CulDeDer,Countv. Virginia the last court that ruled, erroneously did not nrant netitioner a New Trial when the conviction was orincinally based on Deriurv.

Did the Circuit Court error when the Common-, wealth failed to deny that there were four incidents of sexual intercourse not one incident of rape, Brady v. Md.

Question Presented (AI Summary)

Did the Virginia Supreme Court rule erroneously in dismissing petitioner's appeal as being untimely under Rule 5:9(a) of the Supreme Court of Virginia?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Waiver of right of respondent Virginia to respond filed.
2019-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

Henry Lucas
Henry J. Lucas Jr. — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent