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SCOTUS-Pet-4-1-2021 - Petition For Writ of Certiorari Filing That Had Been Mailed On April 2, 2021. This Is Brian's Third Petition Case To SCOTUS.
SCOTUS-Pet-4-1-2021 - Petition For Writ of Certiorari Filing That Had Been Mailed On April 2, 2021. This Is Brian's Third Petition Case To SCOTUS.
21- __
In The
Supreme Court Of The
United States
BRIAN DAVID HILL,
Petitioner,
v.
COMMONWEALTH OF VIRGINIA,
Respondent,
Friend of justice
JusticeForUSWGO.wordpress.com
JusticeForUSWGO.NL
i
I. Questions Presented
ii
barred according to past Supreme Court decisions on
Constitution?
iii
State’s obligation to follow the United States
iv
II. Table of Contents
I
6
III. Table of Authorities
Cases
…………………………………………………………………….….5
…………………………………………………………………….….7
(1998)……………………………………………………….16, 18, 22
opinion)…………………………………………………….………..19
2000)……………………………………………………...………....23
vii
vii
1
1
Morales v. Commonwealth, 525 S.E.2d 23, 24 (Va. App.
2000)……………………………………………………....………...23
banc)……………………………………………………….…………23
(1986)…………………………………………..……………….17, 18
…………………………………………..…………………..……….18
…………………………………………………..……………………18
Rules
Statutes
viii
viii
1
1
42 U.S. Code § 407 .......................................................................29
Constitutional Provisions
ix
ix
1
1
IV. Petition for Writ Of Certiorari
(S ep t e m b e r 2 1, 2 0 1 8 ) , C on v i c t i on (D e c e m b e r
2 1, 2 0 1 8 ) in th e G e n e r a l D i st r i c t C o u r t , a n d
r e a ff i r m ed C on vi c t i on ( No v e m b e r 1 8 , 2 0 1 9 )
in th e C i r c u i t C ou r t o f In d e c en t E xp o su r e
u n d e r Vi r g i n i a C od e § 1 8. 2 - 3 8 7 in th e C i r c u i t
C ou r t of M a r t i n sv il l e ( “ Ci r c u i t C ou r t ” ) w h i le
3
Circuit Court denying and dismissing Mr. Hill’s
denied.”
judgment below.”
V. Jurisdiction
5
13(1), having timely filed this petition for a writ of
6
VIII. Statement of the Case
procedural default.”).
7
convictions and the prisoner's interest in access to a
this.”)
REVOCATION OF PROBATION/SUPERVISED
WHC petition filed on November 18, 2019, and yet the Circuit
this Supreme Court as well as the other case law and evidence
and conviction?
12
1. The Writ of Habeas Corpus by Mr. Hill
hereby, DISMISSED.”.
0079-20-3.
that this Court does not have jurisdiction over this case.
14
2. The Supreme Court of Virginia receives the
Petition for Appeal, brief or letter in opposition, and
then a reply to the opposition filing
2020.
March 30, 2020. The opposition letter was that the Attorney
SCV.
15
On December 21, 2020, the Supreme Court of
II II II
17
IX. REASONS FOR GRANTING THE WRIT
murder after a full and fair trial, later alleges that newly
20
Amendment XIV requiring all States to not deprive a
505 U.S. 333 (1992), Murray v. Carrier, 477 U.S. 478, 479-80
charge but had simply withdrawn his appeal but had asked
the Record of his Criminal Case for his Writ of Habeas Corpus
22
his Actual Innocence aka Legal Innocence. He never violated
387.
defense.”
1
For the reasons stated above, the Commonwealth’s burden was to prove every
element of the offense, including the mens rea, beyond a reasonable doubt. However,
even if, arguendo, this Court were to find that the Commonwealth’s burden was only a
preponderance of the evidence, the Commonwealth has still failed to carry its burden.
25
midnight and 3:00 a.m. and taking pictures of himself
marked out any notion of it, no guilty plea at all and any
28
Then there is another repercussion caused by such
29
Court. So, the miscarriage of justice and wrongful
attachments/Exhibits.
X. CONCLUSION
II
30
DATED this 2nd day of April, 2021.
Respectfully submitted,
________________________________
Brian David Hill
Pro Se
Ally of QANON
Former USWGO Alternative News Reporter
310 FOREST STREET, APARTMENT 2
MARTINSVILLE, VIRGINIA 24112
Tel.: (276) 790-3505
E-Mail: No Email
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No.21- ___
v.
COMMONWEALTH OF VIRGINIA,
Respondent,
I declare under penalty of perjury that the foregoing is true and correct.
______________________________________
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1
APPENDIX
TABLE OF CONTENTS
Appendix Page
Final Judgment of
Supreme Court of Virginia
entered February 5, 2021……………………..……………………1a
Order of
Court of Appeals of Virginia
entered February 14, 2020…………….……………………………3a
On consideration of the petition of the appellant to set aside the judgment rendered herein
on December 21, 2020 and grant a rehearing thereof, the prayer of the said petition is denied.
A Copy,
Teste:
By:
Deputy Clerk
347
2a
VIRGINIA:
Jn tire Sup'Wtre &vd of, VVtginia fidd al tire Sup'Wtre &vd 9Juil.dituj in tire
eibj of, 9liclinwnd cm Monday, tire 216t day of, 9)~, 2020.
Upon review of the record in this case and consideration of the argument submitted in
support of the granting of an appeal, the Court refuses the petition for appeal. Brian David Hill
challenges the judgment of the Circuit Court of the City of Martinsville dismissing his petition
for a writ of habeas corpus. On November 18, 2019, Hill filed a petition for a writ of habeas
corpus in the circuit court challenging his misdemeanor conviction for indecent exposure. In his
petition, Hill indicated that on November 15, 2019, he received a sentence of 30 days in jail and
that, at the time of filing, he was not in custody or under any type of probation or suspended
sentence from his indecent exposure conviction. Because Hill had fully served his sentence at
the time he filed his petition, the circuit court lacked jurisdiction to award habeas relief under
Code§ 8.01-654. See Escamilla v. Superintendent , 290 Va. 374, 380-81 (2015) (holding that
detention is jurisdictional in habeas corpus, and jurisdiction must exist at the time the petition is
filed) . Accordingly, the Court is of the opinion there is no reversible error in the judgment
below.
The rule to show cause previously entered herein is discharged.
A Copy,
Teste:
By:
~k?~
Deputy Clerk
3a
In the Court ofgppeals of 'Virginia on Friday the 14th day of February, 2020.
It appears that this Court does not have jurisdiction over this case. Accordingly, the case hereby is
A Copy,
Teste:
Deputy Clerk
DATE: 0:!l8/":0"'0'81J:4l: ~7
lE'='TE Qi'~
CLERk/DEPUTY CLERk
214
4a
Petitioner,
ORDER
Case No. CL19000331-00
COMMONWEALTH OF VIRGINIA,
ATTORNEY GENERAL OF VIRGINIA,
Respondent.
ORDERED that said petition be, and the same is hereby, DISMISSED.
Judge
202