No. 20-7867

Howard Allen Groffel v. Virginia

Lower Court: Virginia
Docketed: 2021-04-27
Status: Denied
Type: IFP
IFP
Tags: constitutional-law criminal-law criminal-prosecution double-jeopardy due-process firearm-possession firearms protective-order protective-orders status-crime status-crimes
Key Terms:
FifthAmendment
Latest Conference: 2021-06-24
Question Presented (from Petition)

Groffel was convicted five times for transporting one firearm in violation of five separate protective orders. This case poses a clear question of law: Does the Double Jeopardy Clause permit Virginia to charge Groffel with five "status crimes" even though he only committed one criminal act? The Virginia Court of Appeals and the Virginia Supreme Court believe the answer is yes. See Groffel, 70 Va. App. at 686, aff'd, 849 S.E.2d 905.

Question Presented (AI Summary)

Does the Double Jeopardy Clause permit charging multiple 'status crimes' for a single criminal act?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2021)

Attorneys

Howard Groffel
Jonathan P. SheldonSheldon & Flood, PLC, Petitioner