No. 19-5510

Maurice Patrick Fortune, III v. Virginia

Lower Court: Fourth Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process felony-prosecution grand-jury indictment magistrate-warrant sentencing substantive-due-process
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether a fatico hearing or sentencing hearing can substitute for the qualifications of a formal trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Mr. Fortune certifies the Commonwealth of Virginia err in. deferring contents essential to the definition of a trial. A ; trial; as defined by Merriam-Webster's Dictionary of Law, is a judicial examination of issues of fact or law disputed by parties ; for the purpose of determining the rights of the parties. Is a fatico hearing; or rather a sentencing hearing, suppliment for the qualifications of a formal trial to answer upon criminal inquest? (2) Petitioner Fortune alleges that he was bypassed indictment or presentment by a Grand Jury upon his arrest. In all felony prosections in Virginia , the accused has a statutory right to indictment or ‘presentment by the Grand Jury; the Code of Virginia 19.2-217 provides that there shall be a regiilar grand jury for each term of the circuit court of each county and city. The judges of such courts must annually select 60 to 120 quailifed citizens to serve as grand jurors. : Does a summons or warrant produced by a Magistrate replace the fundamental procedure of indictment or presentment by the Grand Jury? (3) Mr .Fortune maturely merits the denial of the guarantees that the government instills into legal proceedings to be fair; Due Process. . Due Process cases are divided into two categories: substantive due process and procedural due process. With procedural due process, . rights have been taken away because the proper procedure hasn't been followed. With substantive due process, the rights violated are so important that the procedure really doesn't matter; the rights should never be taken away. Procedural paperwork, fundamental functions of the court, and felonious adjudication of constitutional fact all display clear error. Are the procedural or substantive due process rights infringed upon Mr. Fortune's conviction; depriving him life, liberty, or property? (4)Petitioner Fortune's question of law deliberates on the | , adjudication of Sociology of Law.Mr. Fortune's state of incarceration is in direct violation of the of life,liberty, and property,without due process of law.This is procured by the advancement,and lack there-of produced from the Petitioner upon the field of medical science. Is someone else's constitutional rights being violated by Mr'Fortune's incarceration? i

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-01
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Waiver of right of respondent Virginia to respond filed.
2019-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Maurice P. Fortune
Maurice P. Fortune III — Petitioner
Maurice P. Fortune III — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent