No. 19-8305

Kinsley Ononuju v. Virginia

Lower Court: Virginia
Docketed: 2020-04-19
Status: Rehearing
Type: IFP
Relisted (2)IFP
Tags: appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost
Key Terms:
DueProcess
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

On Equal Protection Clause; Whether Supreme Court of Virginia erred in refusing to find any unconstitutionality in VA Code § 19.2-165 that only mandates government to defray the cost of providing trial transcript to only convicted indigent felons for appeal, but never does same to millions of convicted indigent misdemeanants in Virginia State?

On Due Process Clause : Whether Supreme Court of Virginia erred in refusing to find that a late-filed trial transcript that was received by appellate Court before time an appealed case was reviewed and adjudicated, should be made part of record, where reason for its late-filing was premised on indigence of the defendant to defraying the cost?

On Due Process Clause : Whether Supreme Court of Virginia erred in refusing to find a reversible error where a transcript was not made part of record in review of case due to the fact that the criminal incarcerated defendant had neither notice nor knowledge as to when the filing of "transcript or statement of fact" would start running?

Question Presented (AI Summary)

Whether Virginia's law mandating government to defray cost of trial transcript only for indigent felons, but not indigent misdemeanants, violates Equal Protection

Docket Entries

2020-10-05
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Motion for leave to file a petition for rehearing filed by petitioner.
2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Kingsley Ononuju
Kingsley Azubuike Ononuju — Petitioner