No. 18-265

Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2018-08-31
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of counsel claim for failure to present adversarial expert testimony?

Question Presented (OCR Extract)

Questions Presented for Review A. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to present adversarial expert testimony? B. Did the Virginia Supreme Court err by effectively affirming a lower court holding that Petitioner’s state Petition for Writ of Habeas Corpus was untimely when uncontroverted evidence showed timely receipt in that lower court? C. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to properly investigate the case? D. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to properly contest the testimony of Robert Fromberg? E. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to pursue DNA testing? F. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to object to statements made in violation of Patterson's constitutional rights? i PETITION FOR CERTIORARI List of All

Docket Entries

2019-02-19
Petition DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-12-21
Brief of respondent Harold W. Clarke, Director, Virginia Department of Corrections in opposition filed.
2018-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 24, 2018.
2018-10-24
Motion to extend the time to file a response from November 23, 2018 to December 23, 2018, submitted to The Clerk.
2018-10-23
Response Requested. (Due November 23, 2018)
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-06-01
Petition for a writ of certiorari filed. (Response due October 1, 2018)

Attorneys

Clarke, Dir., VA DOC
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent
Micah Patterson
Dale Reese JensenDale Jensen, PLC, Petitioner
Dale Reese JensenDale Jensen, PLC, Petitioner