Adam Pelletier v. Harold W. Clarke, Director, Virginia Department of Corrections
HabeasCorpus
1.) Whether Petitioner's claim prosecutorial fraud upon the court is a Rule 60(b)(3) claim of fraud upon the court?
2) The U.S. District Court ruled Petitioner's Rule 60(b)(3) "Fraud Upon The Court" Motion, under Gonzalez v. Crosby, 545 U.S. 524 (2005), was to be construed as a Habeas. Did the Dist. Court misuse Gonzalez and did the U.S. Court of Appeals for the Fourth Circuit of VA. affirm the ruling?
3) Does the AEDPA form a bar to "Fraud Upon The Court" claims that originated in the state, with a 28 years gap?
4) Petitioner first filed the 60(b)(3) Motion to the court where the "Fraud Upon The Court" occurred. The original court found the Motion frivolous. The VA. Supreme Court have both dismissed the claim. Should the U.S. Dist. Court have Appellate jurisdiction after the state has dismissed a claim of "Fraud Upon The Court" by affirming the Dist. Court's error?
Is Petitioner's claim of prosecutorial 'Fraud Upon The Court' a valid claim under Rule 60(b)(3)?