No. 22-5738

Vernon J. Mills v. Virginia

Lower Court: Virginia
Docketed: 2022-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment actual-innocence civil-rights compulsory-process due-process exculpatory-evidence fourteenth-amendment habeas-corpus sixth-amendment
Latest Conference: 2022-10-28
Question Presented (from Petition)

Did the appellate court err in assessing the legal significance of the sworn Affidavits tending to exonerate the petitioner, and deny the petitioner his Fourth Amendment right against illegal searching, and his Fourteenth Amendment right to due process in concluding that the petitioner failed to satisfy the requirements of Virginia Code § 19.0-387(H)(1)?

Did the appellate court err and deny the petitioner his Sixth Amendment right to compulsory process for obtaining witnesses in his favor by using its discretion in declining to address the trial Court to conduct an evidentiary hearing to rectify findings of fact pursuant to Virginia Code § 19.0-387(H)?

Whether there's plain error violating the petitioner's Fourteenth Amendment due process right that seriously affects the fairness, integrity and disagreement among the lower Courts, when evidence fabricated by the prosecutor was a key factor in the appellate court's denial of the petitioner's writ of actual innocence after the Supreme Court misconduct is not of the type that would warrant justice rich machinery or subvert the integrity of the Courts?

Question Presented (AI Summary)

Whether the appellate court erred in possessing the legal significance of the exculpatory material of the three sworn affidavits tending to exonerate Mr. Hines, and deny him his Sixth Amendment right against illegal detention, and his Fourteenth Amendment right to due process in concluding that the petitioner failed to satisfy the requirements of Virginia Code § 19.2-327.10?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-05
Waiver of right of respondent Virginia to respond filed.
2022-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2022)

Attorneys

Vernon J. Mills
Vernon Mills — Petitioner
Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent