No. 20-348

Gregory Shawn Mercer v. E. A. Vega

Lower Court: Fourth Circuit
Docketed: 2020-09-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause
Key Terms:
Copyright JusticiabilityDoctri
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether a Circuit Split has arisen over the interpretation of 18 U.S.C. §924(e)(1) regarding simultaneous crimes

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW SCOTUS Rule 10(a) — Whether or not a Circuit Split has arisen between the Fourth Circuit and other Circuits over the interpretation of whether crimes allegedly “committed on occasions different from one another” [See 18 U.S.C. §924(e)(1)] become simultaneous crimes if the directly-associated arrest warrants for those sequential alleged crimes were sworn out and/or served simultaneously. SCOTUS Rule 10(a) Whether or not a Circuit Split has arisen between the Fourth Circuit and both this SCOTUS and the Fourth Circuit itself over the Federal Court Practice (FRCP Rule 56; US. Amendment VII Right to Trial by Jury) of viewing all facts in a Summary Judgment Proceeding and : drawing any justifiable inferences from those facts in the light most favorable to the non-moving party when deciding if there exists genuine issues as to any material fact requiring a Trial by Jury. SCOTUS Rule 10(c) [Petitioner] moves this [SCOTUS] as he did the [VAED & Fourth Circuit] for a Declaratory Judgment that Virginia is in violation of the U.S. Guarantee Clause so [the U.S.] Congress might act by applying the U.S. Guarantee Clause against Virginia’s 1971 Constitution of Virginia, Article VI which establishes an Unrepublican Form of Government because Sections 1 & 2 are in violation of the U.S. Supremacy Clause and Section 7 is in violation of Duncan v. McCall, 139 U.S. 449, 461, 11 S.Ct. 578, 577 (1891). iT} SUBSIDIARY QUESTIONS FAIRLY INCLUDED (FOURTH CIRCUIT DOCUMENT #10 Pgs. 1, 3) SCOTUS Rule 14.1(a) Whether or not the [VAED] Abused its Discretion in granting Summary Judgment on the entire case after discussing Summary . Judgment on only one of the two police officers [VSP Trooper Houtz & VSP Sergeant Allander] and only one of the three [6/1/15 false] warrants. SCOTUS Rule 14.1(a) Whether or not an Evasive Defendant State Police Officer is unlawful using the County Criminal Justice System and his State Police Force to effect an advantage in a Federal Civil Action simply because [Plaintiff / Appellant] had him privately served a Summons with Complaint [in a 8/6/15-filed VAED Civil Action]. SCOTUS Rule 14.1(a) [Plaintiff / Appellant] moves this [Fourth Circuit] as he did the [VAED] for a Declaratory Judgment that Virginia is in violation of the U.S. Guarantee Clause so [the U.S.] Congress might act by applying the U.S. Guarantee Clause against Virginia’s 1971 Constitution of Virginia, Article VI which establishes an Unrepublican Form of Government because Sections 1 & 2 are in violation of the U.S. Supremacy Clause and Section 7 is in violation of Duncan v. McCall, 139 U.S. 449, 461, 11 S.Ct. 573, 577 (1891). SCOTUS Rule 14.1(a) — Whether or not the VAED’s 5/24/19 Order was Unconstitutional because it annulled Appellant’s indefeasible Constitution of ee v7 1 Virginia, Article I, Section 3 Right to reform, alter, or abolish the Virginia Government(s). (VAED DOCUMENT #35 -— Pages 5-6, 49) SCOTUS Rule 14.1(a) — Plaintiffs 4/16/18 First Amended Complaint has two errors in Paragraph 16 which he moves this [VAED] for Leave to [C]orrect through Amendment herein which, also by Leave of ([VAED], refers back to the original Complaint’s 3/28/18 filing date: “16. Defendant knew that Plaintiffs attempts to effect service on the elusive litigant in the unrelated previous civil matter were not violations of any law, nor could they reasonably be construed as such, and thus Defendant did not have probable cause to believe that Plaintiff [not ‘Defendant’] committed any criminal offense when Defendant [not ‘he’] made statements that probable cause existed for warrants on the above-referenced charges.” SCOTUS Rule 14.1(a) Plaintiff moves this [VAED] for a Declaratory Judgment that Virginia is in violation of the U.S. Guarantee Clause so [the U.S] Congress might act by applying the U.S. Guarantee Clause against Virginia’s 1971 Constitution of Virginia, Article VI which establishes an Unrepublican Form of Government because Sections 1 & 2 a

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-09-28
Waiver of right of respondents E. A. Vega; The Honorable Mark Herring to respond filed.
2020-07-02
Petition for a writ of certiorari filed. (Response due October 15, 2020)

Attorneys

E. A. Vega; The Honorable Mark Herring
Toby Jay HeytensOffice of the Attorney General, Respondent
Toby Jay HeytensOffice of the Attorney General, Respondent
Gregory S. Mercer
Gregory Shawn Mercer — Petitioner
Gregory Shawn Mercer — Petitioner