No. 19-7551

Donald Arthur Herrington v. Virginia

Lower Court: Virginia
Docketed: 2020-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 1st-Amendment case-management case-management-system civil-rights collateral-estoppel constitutional-rights due-process first-amendment fourteenth-amendment free-speech public-trial separation-of-powers sixth-amendment
Key Terms:
DueProcess FirstAmendment FourthAmendment
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. "Was Petitioner 's conviction a result of a procedure, §17.1-293.1 that violates 1st
Amendment U.S. Constitutional Civil Rights to access correct court information,
assemble, and free speech of the defendant, public and press? Did the Supreme Court
of Virginia create case law for all Virginia courts to do the same by publishing a ruling
Herrington v. Comm. 291 Va. 181 (2016) affirming these same procedures without
recognizing the incompatibility with the Executive Secretary Of The Supreme Court
of Virginia licensed software, that caused the Online Case Information System to
publicizes false information to all interested parties about what charge a defendant is
indicted, arranged, tried convicted and sentenced, at each stage, on each date and
beyond, when there is no other source to get the information? " [See Pg.17;]

2. "Dose this procedure violate the defendants, U.S. Constitutional ,6th &14th
Amendment right to a public trial, from the violation of press and publics 1st
Amendment right to assemble, free speech and access to the courts, due to the
pervasive reliance on software and the internet, when the Governments software and
Online Case Information System publicizes false information about what charge a
defendant is indicted, arraigned, tried, convicted and sentenced to, when the interested
parties get their information exclusively from these vast networks? Has constructive
denial of a public trial occurred? " [See Pg.20;]

3. "Does this procedure also hide, mislead or confuse the Jude, Clerk, Defendant and
his counsel, about the charge one is to be tried on, so as to make a defendant unable
to know the cause and nature of the charge, nor give adequate time to prepare a
defense in violation of 5th, 6th & 14th Amendment U.S. Constitutional rights, due
to software that spreads false information in the Circuit Case Management System? "
[See Pg.23;]

4. "Does the published case law Herrington v. Comm. 291 Va. 181 (2016) violate the
separations of powers doctrine of the U.S. Constitution 10th & 14th Amendment, by
broadening the authority of prosecutors in Va. giving them more power than a Judge?
Can a prosecutor maintain a Judges certified charge/case number and write back in
what the Judge just struck from the charge, and present the struck portion as if
certified by the Judge? Does a court have subject-matter jurisdiction through a
fraudulently conveyed charge, from a procedure that violates fundamental rights? Do
these actions raise issues of Collateral Estoppel or Res Judicata? " [See Pg.25;]

5. "Was the Petitioner 's U.S. Constitutional 6th & 14th Amendment rights to have
counsel and be present violated, where the Judge issued a new sentences order ex
parte 4 years later, when the petitioner was sentenced to 5 years past the statutory
maximum listed in the controlling section of the sentence order? Can a court rule
"Scribner 's" error to a contested matter ex parte when the error is a direct result of
fundamental rights being violated as stated (Supra)? " [See Pg.30;]

Question Presented (AI Summary)

Was Petitioner's conviction a result of a procedure that violates 1st-Amendment, civil-rights, free-speech, public-trial, due-process

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-21
Waiver of right of respondent Virginia to respond filed.
2019-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Donald Arthur Herrington
Donald A. Herrington — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent