No. 19-585

Robert Leigh Stoltz v. Virginia

Lower Court: Virginia
Docketed: 2019-11-04
Status: Denied
Type: Paid
Response Waived
Tags: age-of-consent criminal-intent criminal-procedure due-process jury-instructions mens-rea reasonable-belief statutory-interpretation undercover-operations
Key Terms:
DueProcess
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover police officer) was not underaged, they still must convict him if there was any 'reason to believe' that the victim was under the legal age?

Question Presented (from Petition)

QUESTION PRESENTED Is due process violated where the judge instructs the jury such that even if the jury finds that the defendant knew the alleged victim (an undercover police officer) was not underaged, they still must convict him if there was any "reason to believe" that the victim was under the legal age? ii LIST OF ALL PROCEEDINGS Commonwealth v. Stoltz, No. 2015-693, Fairfax Circuit Court. Judgment entered Feb. 17, 2017. Commonwealth v. Stoltz, No. 0352-17-4, Virginia Court of Appeals. Judgment entered June 19 2018. Commonwealth v. Stoltz, No. 181033, Supreme Court of Virginia. Judgment entered Aug. 1, 2019.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2019-10-30
Petition for a writ of certiorari filed. (Response due December 4, 2019)

Attorneys

Commonwealth of Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent
Robert Leigh Stoltz
Jonathan P. SheldonJonathan Sheldon, Petitioner
Jonathan P. SheldonJonathan Sheldon, Petitioner