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Justin Michael Wolfe v. Virginia
Paid petition · Supreme Court of Virginia, No. 170780 · judgment February 5, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The States are divided on whether a guilty plea waives a defendant’s right to challenge, post-plea, the constitutional authority of the State to prosecute. In this case, in conflict with this Court’s recent decision in Class v. United States, 138 S. Ct. 798 (2018), the Virginia courts held that petitioner could not raise on appeal his claim of vindictive prosecution because he pled guilty without obtaining consent from both the trial court and prosecutor to make his plea conditional. The question presented is: Whether, in light of Class, a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vindictive prosecution.
Counsel of record
For petitioner
Marvin David Miller
The Law Offices of Marvin D. Miller
For respondent
Toby Jay Heytens
Office of the Attorney General
Proceedings
- Feb 08 2019MANDATE ISSUED.
- Feb 08 2019JUDGMENT ISSUED.
- Jan 07 2019Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Class v. United States, 583 U. S. ___ (2018).
- Nov 28 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 27 2018Reply of petitioner Justin Michael Wolfe filed.
- Nov 13 2018Brief of respondent Commonwealth of Virginia in opposition filed.
- Sep 14 2018Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2018.
- Sep 13 2018Motion to extend the time to file a response from October 12, 2018 to November 12, 2018, submitted to The Clerk.
- Sep 12 2018Response Requested. (Due October 12, 2018)
- Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
- Sep 04 2018Waiver of right of respondent Commonwealth of Virginia to respond filed.
- Aug 20 2018Petition for a writ of certiorari filed. (Response due September 21, 2018)
- Jun 08 2018Application (17A1349) granted by The Chief Justice extending the time to file until August 20, 2018.
- Jun 04 2018Application (17A1349) to extend the time to file a petition for a writ of certiorari from June 21, 2018 to August 20, 2018, submitted to The Chief Justice.