Brian James Talbot v. Virginia
JusticiabilityDoctri
Can the decision in the present case and the-prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconciled with the holdings of the Court of Appeals in Hubbard v. Commonwealth and Booker v. Commonwealth and the holding of Brown v. Commonwealth, such that the same set of facts is not susceptible of two opposite outcomes depending on which cases the Court decides to apply?
QUESTION PRESENTED L “Can the decision in the present case and the-prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconciled with the holdings of the Court of Appeals in Hubbard v. Commonwealth and Booker v. Commonwealth and the holding of Brown v. Commonwealth, such that the same set of facts is not susceptible of two opposite outcomes depending on which cases the Court decides to apply? . ; iL. Has Petitioner been deprived of his right to Equal Protection of the laws when the Virginia Courts, through their decisions in this matter and prior precedent, have prevented Petitioner from asserting a reasonable defense, which challenges his . : identification as the perpetrator of the alleged offense by the victim, in support of 7 ; his motion to withdraw his plea of guilty, whereas other similarly situated defendants, who asserted a reasonable defense to an element of the alleged offense, were granted leave to withdraw their pleas of guilty? . 2