No. 22-6504

Donald Herrington v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2023-01-10
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 1st-amendment 5th-amendment 6th-amendment constitutional-amendments due-process free-speech grand-jury-fraud ineffective-counsel prosecutorial-misconduct trial-framework
Key Terms:
AdministrativeLaw FirstAmendment DueProcess HabeasCorpus Securities Privacy
Latest Conference: 2023-03-17
Question Presented (from Petition)

Petitioner offers these questions in hopes that all, one, or part of a question will be heard.

QUESTION ONE:
Did the Commonwealth of Virginia adopt a trial framework that allows elected officials
to brake their oath by presenting, publicizing and spreading disinformation to grand
jury's, judges, attorneys, public and press, causing the loss of witnesses do to their
inability to pierce the veil of the state deception; And was the U.S. Constitutional
Amendments 1, 5, 6 & 14 adequate defense and public trial right violated?

QUESTION TWO:
Did the prosecutor to commit fraud on the grand jury by maintaining the case number
given by the Circuit Court to a certified General District Court reduced Simple Possession
charge, when the prosecutor wrote back into the certified reduced charge, the District
Court struck charge Possession With Intent to Distribute, falsely presenting it to the grand
jury as certified by the General District Court; And could the Circuit Court obtain
jurisdiction where these actions are the derivation of the disinformation pervading the
trial frame work; And did this violate U.S. Constitutional Amendments 1, 5,6 & 14?

QUESTION THREE:
Can attorneys be ineffective when they fail to object to a structural error that pervades the
trail framework in a way that renders the proceedings fundamentally unfair, i.e. violate
the adequate defense and public trial right; And did this violate U.S. Constitutional
Amendments 1, 5, 6 & 14?

QUESTON FOUR:
Is a defendant constructively denied counsel when the court blocks presentation of
mitigation of punishment for a Intent to Distribute drugs, i.e. as an accommodation, where
under state law provides presentation only in the sentencing phase after guilt is
established; And was counsel ineffective for failing to put a proffer on the record or object
to the court 's erroneous ruling, (it must be "argued and instructed on the case and chief ')
due to ignorance of the law; And is the current law that puts the burden on the defendant
to prove accommodation and precludes one from presenting accom modation during the
guilt phase a violation due process and U.S. Constitutional Amendments 5, 6, 14,?

Question Presented (AI Summary)

Did the Commonwealth of Virginia adopt a trial framework that allows elected officials to brake their oath by presenting, publicizing and spreading disinformation to grand jury's, judges, attorneys, public and press, causing the loss of witnesses do to their inability to pierce the veil of the state deception; And was the U.S. Constitutional Amendments 1, 5, 6 & 14 adequate defense and public trial right violated?

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2022-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2023)

Attorneys

Donald Herrington
Donald Arthur Herrington — Petitioner