No. 21-6327

Frank Paul Ferrara v. Virginia

Lower Court: Virginia
Docketed: 2021-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court civil-rights constitutional-rights due-process evidence-admission expert-testimony fair-trial free-exercise standing statutory-interpretation trial-procedure
Key Terms:
Environmental
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Should the petitioner's matter have been allowed to progress to a court-ordered trial since the respondent was incarcerated for exercising his constitutional right to practice his chosen religion?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Should Hhis matter been allowed fo progress do w crut\ comm Ament trial since Ure Respendent incarcemmbed re Beddvoner For ex ercising his Constituddenal Right do practice his chosen celigvovr ? a Does the aAental of Whe eureuc Court do allow Mae Relikvonar te present evidence in his behalf cise Jo the level of a Censtdidional Due Process acror or is it “ hermless error as the Virgina Supreme Comet states ¢ “oe “ ws 3, \las the Vargince, Supreme Court's clearston, of harmless error, ercreneously applred ia These matters, when the court's own decision shetes drat the Pebittoner had tu eight do present his vaiknesses* Lestimeny and evidence , but he was clened Had rig hs by the erreuck courts mis app\ication and mis under sten ding of the ghedlutes §37%2-4060d) and §37.2~-9071A)° 4, TF the Pebitiener was allowed +o present his expert evidence and teshmow alongside Hired of the Common wealtt's experd, at the ecreuck court Srial, an it Aruly and defindtvely be stated dak the wry would have reached Whe Same checisien and that the outcome would have been the same as He Meqiava Supreme Cour gteted ? (x)

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent Virginia to respond filed.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Frank Paul Ferrara
Frank Paul Ferrara — Petitioner
Frank Paul Ferrara — Petitioner
Virginia
Michelle Shane KallenVirginia Office of the Attorney General, Respondent
Michelle Shane KallenVirginia Office of the Attorney General, Respondent