No. 20-1827

Gregory Shawn Mercer v. Virginia

Lower Court: Virginia
Docketed: 2021-07-01
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-procedure constitutional-rights due-process equal-protection guarantee-clause judicial-review standing state-courts supreme-court
Key Terms:
DueProcess
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

A) SCOTUS Rule 10(b) - Whether or not the Circuit Court of Fairfax County (hereafter "FCCC ") erred by entering its 1/15/2019 "Final Order " captioned sua sponte "Commonwealth of Virsinia versus /Petitioner /" when the lower Fairfax County General District Court 's (hereafter "FCGDC 's") 11/13/2018 documents: a) "Notice of Appeal - Criminal " and b) the likewise "Disposition Order - Uniform Summons " initially created "County of Fairfax v. [Petitioner! " FCCC Case No. MI-2018-1766, where these two controlling documents determined two different Prosecuting Authorities?

B) SCOTUS Rule 10(b) - Whether or not the Court of Appeals of Virginia (hereafter "COAV ") erred by dismissing sua sponte Petitioner 's appeal without remanding for an FCCC "Amended Final Order " opining that Petitioner 's 1/23/2019 "Notice of Appeal " in Record No. 0135-19-4 "fail[ed] to name a necessary party " when: a) no appellee ever appeared in the COAV to oppose Petitioner; while his "Notice of Appeal: " b) stated "Fairfax County Code §82-5-43 is Unconstitutional with respect to the Constitution of Virginia, ... and the ... U.S. Guarantee Clause c) attached a copy of the sua sponte captioned 1/15/2019 FCCC "Final Order; " and c) "was hand delivered in accordance with RSCV Rule 5A:6(a) to Commonwealth 's Attorney 's Office for Prosecutor Maureen E. Cummins, ... VA Bar #85680,

C) SCOTUS Rule 10(b) - Whether or not Petitioner received "Equal Justice Under Law " in the Supreme Court of Virginia (hereafter "SCV ") when that SCV "refused " to accept Jurisdiction of its Record No. 200331 citing VA Code §17.1-410(A)(1) & (B) where Petitioner 's 1/23/2019 FCCC to COAV "Notice of Appeal " invoked his U.S. Amendment V & XIV Due Process Rights with Constitution of Virginia (hereafter "COV "), Article I, Section 3 Right which were nullified by the SCV due to Virginia and Federal Rights (including COV, Article I, Section 2 & 5) being systematically unenforced in Virginia 's Non-Federal Courts unlike in the Supreme Courts of IA and WI?

D) SCOTUS Rule 10(c) - Whether or not the 1971 COV is unconstitutional with respect to the: a) U.S. Supremacy Clause when the SCV interprets the Constitution of the United States & its U.S. Bill of Rights via COV, Article VI, Sections 1 & 2; and/or b) U.S. Guarantee Clause as interpreted by Duncan v. McCall 139 U.S. 449, 461, 11 S.Ct. 573, 577 (1891) with Virginia State, County, and City Judges "chosen by" members of the Virginia General Assembly not "elected by" the People via COV, Article VI, Section 7?

E) SCOT

Question Presented (AI Summary)

Whether the Circuit Court of Fairfax County erred in captioning the final order as 'Commonwealth of Virginia versus Petitioner' when the lower court documents indicated 'County of Fairfax v. Petitioner'

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-10-29
2021-10-04
Petition DENIED.
2021-07-28
DISTRIBUTED for Conference of 9/27/2021.
2021-07-21
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2021-06-10
Petition for a writ of certiorari filed. (Response due August 2, 2021)

Attorneys

Commonwealth of Virginia
Chanel M JacksonFairfax County Commonwealth, Respondent
Gregory Mercer
Gregory Shawn Mercer — Petitioner