No. 23-1177

Eric Fisher v. Virginia

Lower Court: Virginia
Docketed: 2024-05-01
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-challenge due-process expungement non-conviction procedural-review statutory-interpretation unconstitutional virginia-law
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2024-05-30
Question Presented (AI Summary)

Whether two non-convictions are expungable as 'otherwise dismissed' per Virginia's relevant operative statute or its certain statutory provision applications are unconstitutional and therefore invalidated?

Question Presented (OCR Extract)

QUESTION PRESENTED To set the scene, ‘never up, never in’ is a golf expression where if a putt is not struck firmly enough to make it to the hole, it is impossible for it to go in. Here, there is no possible conferral of a nonexpungable predicate based on the underlying court orders-related efforts at issue originally reviewed de novo by the trial court, and then on appeal, for several reasons. Further, under Virginia law, there is no possible way to correct or adjust said underlying efforts in a manner that could confer nonexpungability. Indeed, Petitioner commends Virginia’s courts for at no time erroneously attempting to do so. Petitioner is nevertheless before this Honorable Court subsequent to a _ tortuous procedural path that astoundingly still requires reversal, despite the fact that the foregoing is dispositive on one of Petitioner's advanced basis where there is proper application of Virginia’s rightly reached controlling authorities towards this case’s full warrant forms record. Also, interwoven throughout the courts below is the issue of statutory provisions’ applications infirmity. The proverb “you can lead a horse to water, but you can’t make it drink” is so here with orders language that do not actually address essential pressed such aspects (please note: single quotes are generally used, unless clarity is at issue). The question presented is: Whether two non-convictions are expungable as ‘otherwise dismissed’ per Virginia’s relevant operative statute or its certain statutory provision applications are unconstitutional and therefore invalidated?

Docket Entries

2024-06-03
Petition DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-09
Waiver of right of respondent Virginia to respond filed.
2024-04-22
Petition for a writ of certiorari filed. (Response due May 31, 2024)

Attorneys

Eric Fisher
Eric Fisher — Petitioner
Virginia
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent