No. 20-7867

Howard Allen Groffel v. Virginia

Lower Court: Virginia
Docketed: 2021-04-27
Status: Denied
Type: IFP
IFP
Tags: constitutional-law criminal-law criminal-prosecution double-jeopardy due-process firearm-possession firearms protective-order protective-orders status-crime status-crimes
Key Terms:
FifthAmendment
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Does the Double Jeopardy Clause permit charging multiple 'status crimes' for a single criminal act?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Groffel was convicted five times for transporting one firearm in violation of five separate protective orders. This case poses a clear question of law: Does the Double Jeopardy Clause permit Virginia to charge Groffel with five “status crimes”! even though he only committed one criminal act? The Virginia Court of Appeals and the Virginia Supreme Court believe the answer is yes. See Groffel, 70 Va. App. at 686, aff'd, 849 S.E.2d 905. 1 Possession of a firearm while subject to a protective order is a status crime. ‘Status crimes’ prohibit certain classes of individuals from engaging in otherwise legal “action” because that class “ha[s] a ... personal condition” such as a felony, misdemeanor, or protective order. See United States v. Cole, 418 F.3d 592, 599 (6th Cir. 2005) (quoting Black's Law Dictionary 1410 (6th ed.1990)). Groffel’s “protective order” statute is a classic example: It prohibits individuals with protective orders (the status) from engaging in otherwise legal action (purchasing or transporting a gun). See, e.g., VA. CONST. ART. I, § 13 (permitting guns for law-abiding adults); VA. CODE ANN. § 18.2-308.1:4(A) (prohibiting certain status criminals from purchasing or transporting guns). 1 LIST OF ALL PROCEEDINGS Commonwealth v. Groffel, No. Cr17000100-12 through 16, New Kent Circuit Court. Judgment entered March 29, 2018. Commonwealth v. Groffel, No. 0485-18-2, Virginia Court of Appeals. Judgment entered Aug. 20, 2019. Commonwealth v. Groffel, No. 191360, Supreme Court of Virginia. Judgment entered Nov. 19, 2020. 2

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2021)

Attorneys

Howard Groffel
Jonathan P. SheldonSheldon & Flood, PLC, Petitioner