No. 21-6784

Brian James Talbot v. Virginia

Lower Court: Virginia
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure defendant-rights due-process equal-protection judicial-consistency legal-precedent plea-withdrawal precedent
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-25
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-08
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

Brian James Talbot
Brian James Talbot — Petitioner
Brian James Talbot — Petitioner
Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Andrew Nathan FergusonOffice of the Attorney General, Respondent