No. 19-7722

Audrel Jack Watson, Jr. v. Virginia

Lower Court: Virginia
Docketed: 2020-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-violations criminal-appeals due-process federal-procedural-rules federal-rules-of-civil-procedure federal-rules-of-criminal-procedure standing state-court-rules state-statutes statutory-interpretation supreme-court-error
Latest Conference: 2020-03-27
Question Presented (from Petition)

ARE ALL STATES MANDATED BY ANY U.S. PROVISIONS TO COMPLY WITH FEDERAL RULES OF CRIMINAL PROCEDURE RULE 11 BY ADOPTING THEIR OWN SIMILAR OR IDENTICAL RULES AND LAWS?

DOES THE VIRGINIA CONSTITUTION, STATUTES, VIRGINIA SUPREME COURT RULE 3A:8 THAT ARE DESIGNED TO DO SO, PROPERLY ADHERE TO FRCP RULE 11, AND THE MANY U.S. COURTS CASELAW THAT SUPPORT AND EXPAND RULE 11?

DO STATES SUCH AS VIRGINIA, THAT HAVE ADOPTED SUCH CONSTITUTIONAL AMENDMENTS STATUTES AND RULES VIOLATE ANY U.S. CONSTITUTIONAL PROVISIONS WHEN THEY PURPOSELY OR IN ERROR IGNORE OR ACT CONTRARY TO SAID LAWS/RULES?

SPECIFICALLY, DID THE VIRGINIA (VA) SUPREME COURT ERR, U.S. CONSTITUTIONALLY BY DECIDING WATSON'S PLEAS AND CONVICTIONS WERE NOT VOID AND TO, AS OTHERWISE DICTATED PURSUANT TO VA'S OWN CONSTITUTION STATUTES, AND RULES AS WELL AS BY FRCP RULE 11 DUE TO HIS PLEAS NOT BEING "VOLUNTARY" AND OR BY REFUSING TO ADDRESS WATSON'S ALLEGATIONS OF FRCP RULE 11 VIOLATIONS?

SPECIFICALLY DID THE VA SUPREME COURT ERR, U.S. CONSTITUTIONALLY BY DECLARING WATSON'S PLEAS AND THE STATUTORY MANDATE MANDATORY MINIMUM?

SPECIFICALLY, DID THE VA. SUPREME COURT ERR U.S. CONSTITUTIONALLY BY DENYING WATSON'S REDRESS TO THE EXTREME PREJUDICE NOTICED UPON HIM WHEN THE COURT SENTENCED HIM "BELOW" THE STATUTORY MANDATED MANDATORY RANGE? DENIAL OF REDRESS DUE TO THE VA SUPREME COURT'S RULING THAT A SENTENCE "BELOW" MANDATORY RANGE IS ONLY VOIDABLE AND CAN BE CORRECTED ADMINISTRATIVELY A SENTENCE ABOVE A STATUTORY MANDATORY RANGE'S "VOIDABLE INTO, ALLOWING REMEDY" WHEN ONE "ILLEGAL SENTENCE IS AS "PREJUDICIAL AS THE OTHER?

SPECIFICALLY DID THE VA SUPREME COURT ERR U.S. CONSTITUTIONALLY IN RULING THAT WATSON DID NOT HAVE STANDING TO IMPEACH THE OTHER ILLEGAL SENTENCED UPON THE STATUTORY MANDATORY, DECLARING, VEST OF DENYING STANDING TO THOSE ILLEGALLY SENTENCED ABOUT THE STATUTORILY MANDATORY RANGE?

ACTIVELY, RE-WRITE VA'S CONSTITUTION AND STATUTES, AS WELL AS THOSE OF THE UNITED STATES, BY DENYING WATSON'S RIGHTS AFFORDED HIM UNDER FRCP RULE 11 AND RELATED VA. PROVISIONS?

SPECIFICALLY DID THE VA. SUPREME COURT EFFECT WELDING MOST OF THE UNTO STATE BY "ILLEGALLY" SENTENCING HIM "JUSTICE THE STATUTORY MANDATORY RANGE" BY DENYING HIM ANY REDRESS?

IF THE VA SUPREME COURT IS ALLOWED TO IGNORE "THE LEGAL" DIRECTIVES IMPOSED UPON THEM BY THE UNITED STATES SUPREME COURT RELATES TO FRCP RULE 11 WILL IT SET A PRECEDENT THAT ANY FEDERAL STATUTE IT SO

Question Presented (AI Summary)

Did the Virginia Supreme Court err in denying Audrel Una Weston Jr.'s petition for writ of certiorari?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-04
Waiver of right of respondent Virginia to respond filed.
2020-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Audrel Jack Watson, Jr.
Audrel Jack Watson Jr. — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent