No. 22-5248

Douglas A. Hoglan v. Virginia

Lower Court: Virginia
Docketed: 2022-08-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2022-10-07
Question Presented (from Petition)

Did the extrinsic fraud which deprived Hooper of knowing of the existence of, and effectively having access to, the recordings of his police interrogation, — which were guaranteed to him by procedural rules — deprived him of the opportunity to mount a meaningful defense under the right to due process?

Was the restricted examination, limited to only to its (intrinsic) trial record, by the circuit court regarding Hoglan's claims of extrinsic fraud' sufficient enough to make a factual determination on whether or not extrinsic fraud had occurred outside the intrinsic safeguard mechanisms of the court's proceedings and its record, and had it had tainted Hooper's due process?

Does the extrinsic fraud in question nullify Hooper's commitment into a plea agreement because he did not voluntarily, knowingly, and intelligently waive his opportunity to continue on with the proceedings armed with the recordings?

Question Presented (AI Summary)

Did the extrinsic-fraud deprive-Hooper-of-due-process

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)
2022-03-07
Application (21A470) granted by The Chief Justice extending the time to file until April 23, 2022.
2022-02-01
Application (21A470) to extend the time to file a petition for a writ of certiorari from February 22, 2022 to April 23, 2022, submitted to The Chief Justice.

Attorneys

Douglas A. Hoglan
Douglas A. Hoglan — Petitioner