Adam Pelletier v. Harold W. Clarke, Director, Virginia Department of Corrections
HabeasCorpus
Is Petitioner's claim of prosecutorial 'Fraud Upon The Court' a valid claim under Rule 60(b)(3)?
QUESTION(S) PRESENTED . . . 1) Is Petitioner's claim of prosecutorial “ Fraud Upon The Court " a Bule 60.63. ,q tue claim of “ Fraud Upoa The Court" ? 2) The. U.S. Dis. Court ruled Petitioners Role 60.3,“ Fraud Upon The Court ” Motion , vader Gonzalez v Crosby , HS Vis. $24 (2005) , was to be = construed asa 2% Habeas. . : Did the Dis. Court misuse Gonzalez. and did the Wis. Court of. Appeals 44 Cir, OF VA, ere by affirming the Dis. Court s —— puliag PO 3) Does the AEOPA turn a“ Fraud Upon The Court" claim, that originated in the state , lato a 2 Habeas P 4) Petitioner first Filed the Bule 60b,3. Motion in the court where — the '' Fraud Upon The Court" occurred. The original court and the — VA. Supreme Court have both dismissed the claim. Should the U.S. Dis. Court have appellate Jocisdiction qtter | the state has dismissed a claim of “Fravd Upon The Court“? / . __