No. 20-1236

Jason Avery Anderson v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2021-03-08
Status: Denied
Type: Paid
Tags: as-applied-challenge constitutional-challenge cruel-and-unusual-punishment due-process effective-assistance-of-counsel eighth-amendment fourteenth-amendment sixth-amendment va-code-18.2-361 va-code-18.2-366
Key Terms:
DueProcess Punishment HabeasCorpus Privacy
Latest Conference: 2021-05-13
Question Presented (from Petition)

A. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. Code Section 18.2-361 unconstitutional as applied to the Petitioner?

B. Is Anderson is being subjected to cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution because Va. Code Section 18.2-366 unconstitutional as applied to the Petitioner?

C. Was Anderson's right to the effective assistance of counsel, secured by the Sixth Amendment to the United States Constitution was violated when Anderson's trial counsel failed to challenge the constitutionality of the statutes under which Anderson was convicted and sentenced?

Question Presented (AI Summary)

Is Anderson being subjected to cruel and unusual punishment in violation of the Eighth Amendment because Va. Code Sections 18.2-361 and 18.2-366 are unconstitutional as applied to the Petitioner?

Docket Entries

2021-05-17
Petition DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-03-01
Petition for a writ of certiorari filed. (Response due April 7, 2021)

Attorneys

Harold Clarke, Director
Toby Jay HeytensOffice of the Attorney General, Respondent
Jason Anderson
Dale Reese JensenDale Jensen, PLC, Petitioner