No. 19-8321

Charlie Ray Carney v. Virginia

Lower Court: Virginia
Docketed: 2020-04-21
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment constitutional-rights court-records due-process fifth-amendment fourteenth-amendment sentencing state-courts
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether a state prisoner's right to due process requires the state trial court to ensure correct and accurate information is relied upon when sentencing

Question Presented (OCR Extract)

QUESTIONS PRESENTED 7 QUESTION #1: WHETHER A STATE PRISONER'S RIGHT TO DUE PROCESS, SECURED BY THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION, AND MADE OBLIGATORY TO THE STATES THROUGH THE FOURTEENTH AMENDMENT, REQUIRES THE STATE TRIAL COURT TO INSURE CORRECT AND ACCURATE INFORMATION IS RELIED UPON WHEN SENTENCING A DEFENDANT TO SERVE PRISON TIME? QUESTION #2: WHETHER A DEFENDANT'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW, GUARANTEED BY THE FIFTH AMENDMENT TO THE UNITED STATES GONSTITUTION, AND MADE OBLIGATORY TO THE STATES THROUGH THE FOURTEENTH AMENDMENT, IS VIOLATED WHEN INCORRECT, : INACCURATE, AND FALSE RECORDS ARE USED AT SENTENCING BY THE STATE TRIAL COURT? QUESTION #3: DID THE VIRGINIA STATE COURTS VIOLATE PETITIONER'S RIGHT TO © DUE PROCESS OF LAW, GUARANTEED BY THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION, AND MADE OBLIGATORY TO THE STATES THROUGH THE FOURTEENTH AMENDMENT, WHEN REFUSING TO CORRECT _ COURT RECORDS AFTER PETITIONER SOUGHT RELIEF IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW? QUESTION #4: WHETHER A STATE COURT VIOLATES A DEFENDANT'S RIGHT TO BE FREE OF DOUBLE JEOPARDY, AS GUARANTEED BY THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION, WHEN THE STATE TRIAL COURT CITES A PREVIOUSLY SERVED SENTENCE AS BEING A "SUSPENDED SENTENCE" AND SUBSEQUENTLY SENTENCES THE DEFENDANT TO 20 YEARS IMPRISONMENT WITH.10 YEARS SUSPENDED? -15

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2020)

Attorneys

Charlie Ray Carney
Charlie Ray Carney — Petitioner
Charlie Ray Carney — Petitioner