No. 22-6238

David N. Firewalker-Fields v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2022-12-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court civil-procedure constitutional-review district-court due-process evidence first-amendment procedural-default withholding-evidence
Latest Conference: 2023-01-06
Question Presented (from Petition)

I. Did the District Court and Court of Appeals err in not granting a certificate of appealability due to a procedural default caused by the Circuit Court of supervision withholding evidence.

II. Does the conditions as applied violate the First Amendment of the Constitution

Question Presented (AI Summary)

Did the District Court and Court of Appeals err in not granting a certificate of appealability due to a procedural default caused by the Circuit Court withholding evidence?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-12
Waiver of right of respondent Harold W. Clarke to respond filed.
2022-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2023)

Attorneys

David N. Firewalker-Fields
David N. Firewalker-Fields — Petitioner
Harold W. Clarke
Andrew Nathan FergusonOffice of the Attorney General, Respondent