No. 19-8305

Kinsley Ononuju v. Virginia

Lower Court: Virginia
Docketed: 2020-04-19
Status: Rehearing
Type: IFP
Relisted (2)IFP
Tags: appeal appellate-review constitutional-rights criminal-procedure due-process equal-protection indigence indigent-defendant transcript transcript-cost
Key Terms:
DueProcess
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether Virginia's law mandating government to defray cost of trial transcript only for indigent felons, but not indigent misdemeanants, violates Equal Protection

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Equal Protection Clause of Fourteenth Amendment to United States Constitution guarantees equal protection of the law to all individuals, even when they are indigent. This case was denied appellate review in }ssue ; with transcript by Courts below due to late-filing of trial transcript arising out of indigence of Petitioner while in jail, which would not have happened had Virginia law mandated government to defray cost of transcript to misdemeanor indigent defendants, like it mandated for indigent felons. The Due Process Clause of Fourteenth Amendment to the United States Constitution guarantees fairness to a criminal defendant, even at appeal stage. This case also concerns a situation where trial transcript, though late-filed, was fully received by appellate Court before they reviewed , and adjudicated case, but they refused to make transcript part of record in review of case, even when Petitioner had no timely notice on when to file transcript. The questions presented for review by this Highest Court of our land are; 1. On Equal Protection Clause; Whether Supreme Court of Virginia erred in refusing to find any unconstitutionality in VA Code § 19.2-165 that only mandates government to defray the cost of providing trial transcript to only convicted indigent felons for appeal, but never does same to millions of convicted indigent misdemeanants in Virginia State? 2. On Due Process Clause; Whether Supreme Court of Virginia erred in refusing to find that a late-filed trial transcript that was received by appellate Court before time an appealed. case was reviewed and adjudicated, should be made part of record, where reason for its ’ late-filing was premised on indigence of the defendant to defraying the cost? 3. Qn Due Process Clause; Whether Supreme Court of Virginia erred in refusing to find a reversible error where a transcript was not made part of record in review of case due to the fact that the criminal incarcerated defendant had neither notice nor knowledge as to when the filing of “transcript or statement of fact” would start running? i,

Docket Entries

2020-10-05
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Motion for leave to file a petition for rehearing filed by petitioner.
2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Kingsley Ononuju
Kingsley Azubuike Ononuju — Petitioner
Kingsley Azubuike Ononuju — Petitioner