No. 18-9741

Quintin Irving Brown v. City of Richmond, Virginia

Lower Court: Virginia
Docketed: 2019-06-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure double-jeopardy due-process ineffective-assistance-of-counsel judicial-misconduct misdemeanor-reduction probation-violation prosecutorial-misconduct speedy-trial void-judgment
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

I. WHEN A TRIAL OCCURS OVER A DEFENDANT'S EXPRESSED OBJECTIONS TO A VIOLATION OF THAT STATE'S STATUTORY RIGHT TO SPEEDY TRIAL—WITH THAT CONVICTION BE REVERSED AND FOREVER DISCHARGED?

II. WHEN FELONY CHARGES ARE REDUCED TO MISDEMEANORS IN ANY COURT OF ANY STATE OF THE UNITED STATES WHERE THE MAXIMUM PUNISHMENT IS 12 MONTHS, YET 3 YEARS OF PROBATION AND SUSPENDED SENTENCE ARE IMPOSED, WILL THAT SET ASIDE JUDGMENT BE REVERSED?

III. WHEN LAW ENFORCEMENT PERSONNEL, PROSECUTORIAL, AND JUDGES IN ANY STATE OF THE UNITED STATES USE DECEIT, DECEPTION, FRAUD, MISREPRESENTATION, MENDACITIES AND MALFEASANCE TO OBTAIN AND SECURE CONVICTIONS WILL THE CHARGES BE VOID AB INITIO AND CORAM NON JUDICE?

IV. WHEN DEFENSE COUNSEL IS REQUESTED TO BE WITHDRAWN AS INADEQUATE, INCOMPETENT AND INEFFECTIVE IN ASSISTANCE OF ANY STATE COURT OF ANY STATE OF THE UNITED STATES OF AMERICA AND THE JUDGMENT IS SET ASIDE PROVING THOSE CLAIMS, WILL THE CONVICTION BE REVERSED?

Question Presented (AI Summary)

When a trial occurs over a defendant's expressed objections to a violation of that state's statutory right to speedy trial, when should the conviction be reversed and forever discharged?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-10-25
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-15
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2019-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

Commonwealth of Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent
Quintin I. Brown
Quintin I. Brown — Petitioner