No. 19-7509

In Re Lawrence E. Mattison

Lower Court: N/A
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: all-writs-act ends-of-justice federal-enclave federal-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel manifest-injustice state-conviction supremacy-clause void-ab-initio
Key Terms:
Immigration Privacy
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (AI Summary)

Whether 28 U.S.C. §1651 (the All writs Act) allows this court authority to issue a Writ of Habeas Corpus when a clear interference with a Federal process is proven and apply the Ends of Justice Exception or it's Manifest injustice rule or it's void ab initio doctrine or a Supremacy clause violation to a State court conviction after release from incarceration since November 2016 whether or not a Habeas corpus petition was filed in Federal district court

Question Presented (OCR Extract)

QUESTIONS PRESENTED Plaintiff was convicted in the State of Virginia courts for Stalking and Annoying calls under State law for alleged conduct committed on Department of Veterans Affairs property (“the HVAMC" located in Hampton Virginia). The HVAMC is a pre-1940 federal enclave. Petitioner served six months incarceration. While incarcerated, Petitioner filed a Writ of Habeas Corpus to the Virginia Supreme Court, which was not ruled upon until after petitioner was released from incarceration and a 42 U.S.C. §1983/81985 federal case was pending. Now, Being released from incarceration since November 2016, Petitioner seeks the instant writ from this Court in effort to REVERSE / VACATE the Virginia conviction under the ends of Justice exception, or it's Manifest injustice rule, or it's void ab initio doctrine, or a Supremacy clause violation. THE QUESTION IS: 1. Whether 28 U.S.C. §1651 (the All writs Act”) allows this court authority to issue a Writ of Habeas Corpus when a clear interference with a Federal process is proven and apply the Ends of Justice Exception or it's Manifest injustice rule or it’s void ab , initio doctrine or a Supremacy clause violation to a State court conviction after . release from incarceration since November 2016 whether or not a Habeas corpus petition was filed in Federal district court. 2. Whether counsel performed so ineffectively that it deprived petitioner his 6h Amendment right to effective assistance of counsel to warrant Habeas relief. i RELATED CASES _ Lawrence Mattison v. Commonwealth of Virginia, U.S. S. Ct. case No. 17-8868 Lawrence Mattison v. Bob McCabe (former Superintendent) Va. case No. 161511

Docket Entries

2020-05-04
Rehearing DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-16
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-02-05
Waiver of right of respondent Bob McCabe to respond filed.
2020-01-16
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Bob McCabe
John Chadwick JohnsonFrith Anderson & Peake, P.C., Respondent
John Chadwick JohnsonFrith Anderson & Peake, P.C., Respondent
Lawrence Mattison
Lawrence E. Mattison — Petitioner
Lawrence E. Mattison — Petitioner