No. 23-5643

In Re Gregory Mercer

Lower Court: N/A
Docketed: 2023-09-22
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-jurisdiction assignments-of-error constitutional-rights due-process mandamus mandamus-writ procedural-rules rules-of-court supremacy-clause supreme-court-procedure
Key Terms:
DueProcess Copyright JusticiabilityDoctri
Latest Conference: 2024-01-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the Court of Appeals of Virginia impeded the appellate jurisdiction of the Supreme Court of Virginia and/or the Supreme Court of the United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW a) Whether or not the Court of Appeals of Virginia (‘COAV”) impeded the Appellate Jurisdiction of the Supreme Court of Virginia (“SCV”) and/or the Appellate Jurisdiction Supreme Court of the United States “SCOTUS”)? b) Whether or not the Supreme Court of Virginia is impeding the Appellate Jurisdiction of the Supreme Court of the United States? c) Whether or not this Supreme Court of the United States ought to issue a Extraordinary Writ of Mandamus to the Chief Judge of the Supreme Court of Virginia (S. Bernard Goodwyn) to aid the Appellate Jurisdiction of this Supreme Court of the United States by ordering the Supreme Court of Virginia to remand Gregory Shawn Mercer v. Commonwealth of Virginia & County of Fairfax, SCV Record No. 230354 (previously COAV Record No. 1193-21-4), back to the Court of Appeals of Virginia further ordering the Court of Appeals of Virginia to: a) compel Appellee County of Fairfax to appear in COAV Record No. 1193-21-4; b) compel Appellee Commonwealth of Virginia to file a Rules of the Supreme Court of Virginia (“RSCV”) Rules 5A:19(b)(2) & 5A:21 30-day “Brief of Appellee” responsive to Petitioner’s 5/25/2022 “Opening Brief of Appellant” in COAV Record No. 1193-21-4; c) compel Appellee County of Fairfax to file a RSCV Rules 5A:19(b)(2) & 5A:21 30-day “Brief of Appellee” responsive to Petitioner’s 5/25/2022 “Opening Brief of Appellant” in COAV Record No. 1193-21-4; d) provide Petitioner his RSCV Rules 5A:19(b)(8) & 5A:22 14-days to reply to each “Brief of Appellee” filed in COAV Record No. 1193-21-4; then e) return COAV Record No. 1193-21-4 from the Court of Appeals of Virginia back to the Supreme Court of Virginia as SCV Record No. 230354 for Supreme Court of Virginia expedited review before further Supreme Court of the United States review? QUESTIONS PRESENTED FOR REVIEW ; SIMULTANEOUSLY IN SCV Assignments of Error of the Court of Appeals of Virginia (““COAV”), Circuit Court of Fairfax County (“FCCC”), & Fairfax County General District Court (““FCGDC”) based on COAV’s Failure to Rule on 3/28/2023. Standard of Review is “Clear Error” for all 13 these Assignments of Error of the COAV, FCCC, & FCGDC now before the SCV in Petitioner’s 5/23/2023 “SCV t Corrected Petition for Appeal /...” in Gregory Shawn Mercer v. Commonwealth of Virginia & County of Fairfax, SCV Record No. 230354 1) Whether or not Judges of the COAV respect that they are bound by the U.S. Supremacy Clause including where violations of Petitioner's U.S. Amendment V, VI, & XIV Rights are alleged? [D14-16, D23-25, D27, D30, D35] 2) Based on two facts: 1) that the COAV failed to rule on Petitioner’s 7/26/2022 “Pro se Appellant’s Objection and Motion” arguing that the COAV Clerk misquoted RSCV Rule 5A:20(c) and to grammatically change five Assignment of Errors simply from Question Form (Whether or not the ... ? [Question Mark]) to Affirmative Statement Form (The ... . [Period]) in four copies of a 154-page, bound, 5/25/2022 “Opening Brief of Appellant” then to drive 2 miles round trip for Fairfax Commonwealth’s Attorney’s Office Stamps then 226 miles round trip to re-file and re-serve the document was “an overly burdensome and unnecessary requirement for a new father of his 16-monthold daughter struggling to get training in order to start a new job;” then 2) that the COAV ruled in its 3/28/2023 Memorandum Opinion “Because Mercer ... otherwise ignores the rules of this Court, we decline to consider the assignments of error;” whether or not this is an unconstitutional reason for ‘ COAV Judges to completely ignore an alleged violation of Petitioner’s U.S. Amendment V & XIV Right which is the Supreme Law of the Land to which all COAV Judges are bound in accordance with the U.S. Supremacy Clause? [Doc. #2 — 31; Doc. #3 — 1-5; D25, D27, D30] 8) Whether or not the COAV failed intentionally or otherwise to correctly caption its Orders in Petitioner's COAV Appeal omitting Appellee “County of Fairfax” on all but the 8/9/202

Docket Entries

2024-01-16
Rehearing DENIED.
2023-12-27
DISTRIBUTED for Conference of 1/12/2024.
2023-12-20
Petition for Rehearing filed.
2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-16
Application (23A317) denied by The Chief Justice.
2023-10-06
Application (23A317) for a stay, submitted to The Chief Justice.
2023-09-22
Application (23A257) to file petition for an extraordinary writ of mandamus in excess of page limits granted by The Chief Justice. The petition for an extraordinary writ of mandamus may not exceed 44 pages.
2023-08-30
Application (23A257) to file in excess of page limits, submitted to The Chief Justice.
2023-03-19
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

In Re Gregory Mercer
Gregory Shawn Mercer — Petitioner
Gregory Shawn Mercer — Petitioner