No. 20-7489

Michael Formica v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2021-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights criminal-procedure due-process fabricated-evidence fourth-circuit habeas-corpus ineffective-assistance-of-counsel procedural-standards standing
Latest Conference: 2021-04-16
Question Presented (from Petition)

I, WHETHER THE FOURTH CIRCUIT RELIED ON CONTROLS TO DENY PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AS LAWFUL EVIDENCE.

2. WHETHER THE FOURTH CIRCUIT ERRED IN REVERSING THE DISTRICT COURT'S DECISION BASED ON SEPARATE AND DISTINCT GROUNDS THAT VIOLATED THE PETITIONER'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND CIRCUMSTANCES UPHOLDING THE FOURTH CIRCUIT'S DECISION THAT THE DISTRICT COURT VIOLATED THE PETITIONER'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL.

3. WHETHER THE FOURTH CIRCUIT DECISION WAS ARBITRARY AND CAPRICIOUS IN DENYING THE PETITIONER'S DECISION TO BE FREED AT SENTENCING WHICH WERE INCONSISTENT WITH PRIOR CIRCUIT PRECEDENT, AND WHETHER THE FOURTH CIRCUIT DECISION HAS CREATED A NEW STANDARD THAT THE PETITIONER IS NOT ENTITLED TO APPELLATE ATTORNEY ASSISTANCE UPHOLDING PREPARATION FOR TRIAL UNDER THE DISCOVERY OF THE CASE.

4. WHETHER THE FOURTH CIRCUIT DECISION WAS ARBITRARY AND CAPRICIOUS IN DENYING THE PETITIONER'S DECISION TO BE FREED AT SENTENCING WHICH WERE INCONSISTENT WITH PRIOR CIRCUIT PRECEDENT, AND WHETHER THE FOURTH CIRCUIT DECISION HAS CREATED A NEW STANDARD THAT THE PETITIONER IS NOT ENTITLED TO APPELLATE ATTORNEY ASSISTANCE UPHOLDING PREPARATION FOR TRIAL UNDER THE DISCOVERY OF THE CASE.

5. WHETHER THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH CIRCUIT DECISION WAS ERRING NOT TO CERTIFY THAT THE FOURTH

Question Presented (AI Summary)

Whether the Fourth Circuit decision was debatable not to review the merits of the claims

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-22
Waiver of right of respondent Harold W. Clarke to respond filed.
2021-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)

Attorneys

Harold W. Clarke
Toby Jay HeytensOffice of the Attorney General, Respondent
Michael Formica
Michael Joseph Formica — Petitioner