No. 20-5593

Chaz Antonio Earp v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-09-03
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights constitutional-rights due-process federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-review mistake
Latest Conference: 2020-10-30
Question Presented (from Petition)

1. DID THE Appellant RECEIVE A Fair TRIAL, AS PROMISED BY BOTH FEDERAL, AND STATE CONSTITUTION.

2. DID THE VIRGINIA SUPREME COURT SHUT THE DOOR, NOT ALLOWING VIABLE CLAIMS, DUE TO ERROR OF COUNSELS FAILURE TO FOLLOW UP, PRESENTING CLAIMS?

3. ARE THE ISSUES CONTAINED LIBERALLY PERMITTED, WITHOUT ADVANCING NEW BARE FACTS CONTAINED SUFFICIENT TO ESTABLISH, AND RULE ON THE MERIT OF THE CLAIMS, PROVIDING APPELLANT WITH A REMEDY?

4. DOES PETITIONER SATISFIED FEDERAL RULE OF CIVIL PROCESS (D) 1.1.) MISTAKE; INADVERTANCE; SURPRISE... MISREPRESENTATION INTRINSIC AMENDMENT ANAS VOID, AND OTHER REASON THAT JUSTIFIED RELIEF.

5. ARE THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT OVERLOOKED A FACTUAL CONTENTION, WHICH INVOLVES MORE THAN ONE Question OF EXCEPTIONAL IMPORTANCE?

6. DID THE SUPREME COURT OF VIRGINIA PREJUDICE APPELLANTS ABILITY TO RAISE, OR DEMONSTRATE FORE DISPOSITION OF DEBATABLE CLAIM, ADEQUATELY ALLOWING REPLY TO CONSTITUTION RIGHTS, AT THE HABEAS CORPUS STAGE?

7. DID THE APPELLANTS AFFIDAVIT SUBMITTED, AND FILED AS MOTION FOR RELIEF SATISFY INDEPENDENTLY, A MISTAKE, OF INADVERTENCE IN THIS MATTER?

8. SHOULD APPELLANTS HABEAS CORPUS BE CONSTRUED LIBERALLY?

Question Presented (AI Summary)

Whether the appellant received a fair trial as promised by the federal and state constitutions

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2019-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Chaz Antonio Earp
Chaz Antonio Earp — Petitioner