No. 22-5248

Douglas A. Hoglan v. Virginia

Lower Court: Virginia
Docketed: 2022-08-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Did the extrinsic-fraud deprive-Hooper-of-due-process

Question Presented (OCR Extract)

Question.presented is: Did the extrinsic fraud which deprived Hooper of knowing of the existence of, and effectively having access to, the recordings of his police interrogation, --which were guaranteed to him by. procedural rules --deprived him of the opportunity to mount a meaningful defense under the right to ‘due process? The Second Question presented is: Was the restricted examination, limited to only to its (intrinsic) trial record, by the circuit court regarding Hoglan's claims of extrinsic fraud sufficient enough to make a factual determination on whether or not extrinsic fraud had occurred outside the intrinsic safeguard mechanisms of the ; court's proceedings and its record, and had it had tainted Hooper's due process? The Third Question presented is: ? Does the extrinsic fraud in question nullify ; Hooper's commitment into a plea agreement because he did not voluntarily, : ; knowingly, and intelligently waive his opportunity to continue on with the > proceedings armed with the recordings? , ii ;

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)
2022-03-07
Application (21A470) granted by The Chief Justice extending the time to file until April 23, 2022.
2022-02-01
Application (21A470) to extend the time to file a petition for a writ of certiorari from February 22, 2022 to April 23, 2022, submitted to The Chief Justice.

Attorneys

Douglas A. Hoglan
Douglas A. Hoglan — Petitioner
Douglas A. Hoglan — Petitioner