No. 19-696

Dan Haendel v. Anne Reed, et al.

Lower Court: Fourth Circuit
Docketed: 2019-12-03
Status: Denied
Type: Paid
Response Waived
Tags: alford-plea due-process fair-trial fourteenth-amendment heck-v-humphrey interception-act law-enforcement suppression-motion virginia virginia-interception-act
Latest Conference: 2020-01-24
Question Presented (from Petition)

1. Does Heck v. Humphrey bar Appellant's federal court review of the constitutionality of actions by local Virginia investigative and law enforcement officials in violation of the plain language of the Virginia Intercep tion Act pursuant to the Fourteenth Amendment's due process guarantee?

2. Is an Alford plea equivalent to a guilty plea for pur poses of providing an exception to Heck v. Humphrey bar as provided by cases in the U.S. Court of Appeals for the Fourth Circuit?

3. Is a guilty or Alford plea not an intelligent, know ing and voluntary plea in violation of defendant's con stitutional right to a fair trial where a defendant has no access to legal resources and/or his attorneys' fail ure to inform him of a Virginia statue's pre-trial sup pression motion for disclosure and/or use of evidence obtained by an interception of electronic communica tions, even if the interception itself is not illegal, the plain language of the statute provides that disclosure and/or use of such interception by law enforcement of ficials constitutes a felony?

Question Presented (AI Summary)

Does Heck v. Humphrey bar Appellant's federal court review of the constitutionality of actions by local Virginia investigative and law enforcement officials in violation of the plain language of the Virginia Interception Act pursuant to the Fourteenth Amendment's due process guarantee?

Docket Entries

2020-01-27
Petition DENIED.
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-10
Waiver of right of respondents BB Cully and Jim Williams to respond filed.
2019-12-04
Waiver of right of respondent Anne Reed to respond filed.
2019-08-02
Petition for a writ of certiorari filed. (Response due January 2, 2020)

Attorneys

Anne Reed
John Chadwick JohnsonFrith Anderson & Peake, P.C., Respondent
BB Cully and Jim Williams
Richard Hustis MilnorZunka, Milnor & Carter, Ltd., Respondent
Dan Haendel
Dan Haendel — Petitioner