No. 19-7297

Christopher J. Burton v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment collateral-consequences criminal-justice criminal-procedure deportation due-process professional-assistance sexually-violent-predator strickland-v-washington voluntary-plea
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-28
Question Presented (from Petition)

1) IN THIS CASE OF FIRST IMPRESSION, I ASK THIS COURT TO FINALLY DECIDE WHETHER THE NATURE OF CIVIL COMMITMENT, ITS PROCEDURAL SIMILARITY TO DEPORTATION PROCEEDINGS, THE SEVERE PENALTIES ASSOCIATED THEREWITH, AND ITS INTIMATE RELATION TO CRIMINAL JUSTICE PROCEEDINGS RENDERS THE DISTINCTION BETWEEN COLLATERAL AND DIRECT CONSEQUENCES INAPPLICABLE WHEN DEFINING THE SCOPE OF REASONABLE PROFESSIONAL ASSISTANCE OR DETERMINE WHETHER COUNSEL'S ADVICE PERTAINING THERETO IS WITHIN THE SCOPE OF COMPETENCE DEMANDED BY DENS ATTONEYEE?

2) IN VIRGINIA, AS MOST STATES, CIVIL COMMITMENT HAS BECOME AN INTEGRAL COMPONENT OF CRIMINAL PROCEEDINGS WHEN A DEFENDANT IS CHARGED WITH CERTAIN DEFENSES AND NUMEROUS NEGATIVE CONSEQUENCES FLOW AUTOMATICALLY FROM A CONVICTION THEREOF BY PERMANENTLY CATEGORIZED AS A SEXUALLY VIOLENT PREDATOR, INCLUSION IN THE SEXUALLY VIOLENT PREDATOR DATABASE AND EVALUATION BY THE CIRCUIT REVIEW COMMITTEE FOR CIVIL COMMITMENT; THEREFORE, SHOULDN'T A DEFENDANT BE APPRISED OF THIS CRITICAL ISSUE BEFORE HIS DECISION TO PLEAD GUILTY CAN BE CONSIDERED A VOLUNTARY, KNOWING AND INTELLIGENT ACT?

Question Presented (AI Summary)

Whether civil commitment proceedings are sufficiently similar to deportation proceedings such that the distinction between collateral and direct consequences is inapplicable when defining the scope of reasonable professional assistance or determining whether counsel's advice pertaining to civil commitment is within the range of competence demanded of attorneys

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-04
Waiver of right of respondent Clarke, Director to respond filed.
2020-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

Christopher J. Burton
Christopher J. Burton — Petitioner
Clarke, Director
Toby Jay HeytensOffice of the Attorney General, Respondent