No. 23-7733

Thomas Richard Ward v. Virginia

Lower Court: Virginia
Docketed: 2024-06-20
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether or not Petitioner's Due Process according to U.S. Amendments V, VI, & XIV was violated due to errors Coram Vobis committed in the plea colloquy process by the Trial Court regarding the Petitioner's ability to plead knowingly, intelligently, and voluntarily for an alleged 2019 misdemeanor Protection Order Violation after:

a) The Trial Court never asked whether the Petitioner's "not guilty" plea, entered for him by his attorney, was made knowingly, intelligently, and voluntarily; and

b) The Petitioner was unaware of the Prosecution's plea bargain offer for a non-criminal Trespassing charge in exchange for the Protection Order Violation so that Petitioner could best manage his U.S. Amendment V, VI, & XIV Rights where the plea bargain ultimately would not have adversely affected Petitioner's employment status, nor his clean criminal record, nor cause him the loss of Custody Rights of his children?

2) If even one error Coram Vobis was committed by the Trial Court in the above question, whether or not the Trial Court or the Supreme Court of Virginia possessed the authority to set aside the conviction and/or expunge the Petitioner's Criminal Record?

3) Whether or not Petitioner's U.S. Amendment VIII & XIV Right to protection from cruel and unusual punishment was violated by the Virginia State and County Courts?

Question Presented (AI Summary)

due-process-violation

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Thomas Richard Ward
Thomas Richard Ward — Petitioner