No. 19-7167

Harshadkumar Nanjibhai Jadav v. Virginia

Lower Court: Virginia
Docketed: 2020-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circumstantial-evidence criminal-procedure evidence-sufficiency first-degree-murder identity-of-defendant identity-of-perpetrator jury-instructions possession-of-weapon premeditation sufficiency-of-evidence
Latest Conference: 2020-02-21
Question Presented (from Petition)

I.
Contrary to precedent set in Yeager v. Commonwealth , 16 Va.
433 S.E.2d 248 (1993) and rule 3A:16 of the Rules of App. 761
Supreme Court of Virginia, did the Court of Appeals of Virginia
unreasonably affirm the Petitioner's conviction on the charge of
First-Degree Murder after the trial court denied the objection
from the Petitioner to the Jury Instruction Number Eleven as the
instruction impermissibly 'singled out for emphasis
to be considered in establishing element of premeditation and
deliberation ?the factors

II.
Did the Court of Appeals of Virginia unreasonably affirm
the Petitioner's conviction on the charge of First-Degree Murder
even though the evidence was insufficient to show that he was the
individual who committed the crime or that he acted with
premeditation ? >
Contrary to United States v. Strayhorn , 572 U.S. 1145(2014),
is there sufficient evidence to infer that the Petitioner was in
possession of the alleged murder weapon and other items found
near the weapon during the commission of the crime ?

Is there sufficient evidence to infer that it was the
Petitioner who was in possession of the cell phone while it was
moving, contrary to prosecution's own DNA evidence ?

Is there sufficient evidence to infer the identity of the
car or the driver ?

Is just a matching name sufficient to prove the authorship
of internet search records ?

Question Presented (AI Summary)

Whether the Court of Appeals of Virginia unreasonably affirmed the Petitioner's conviction on the charge of First-Degree Murder

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent Virginia to respond filed.
2019-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2020)

Attorneys

Harshadkumar Jadav
Harshadkumar Nanjibhai Jadav — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent