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Dan Haendel v. Anne Reed, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-7216 · judgment March 26, 2019


Certiorari denied · January 27, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does Heck v. Humphrey bar Appellant’s federal court review of the constitutionality of actions by local Virginia investigative and law enforcement officials in violation of the plain language of the Virginia Intercep­ tion Act pursuant to the Fourteenth Amendment’s due process guarantee?

  2. Is an Alford plea equivalent to a guilty plea for pur­ poses of providing an exception to Heck v. Humphrey bar as provided by cases in the U.S. Court of Appeals for the Fourth Circuit?

  3. Is a guilty or Alford plea not an intelligent, know­ ing and voluntary plea in violation of defendant’s con­ stitutional right to a fair trial where a defendant has no access to legal resources and/or his attorneys’ fail­ ure to inform him of a Virginia statue’s pre-trial sup­ pression motion for disclosure and/or use of evidence obtained by an interception of electronic communica­ tions, even if the interception itself is not illegal, the plain language of the statute provides that disclosure and/or use of such interception by law enforcement of­ ficials constitutes a felony?

Counsel of record

For petitioner
Dan Haendel

For respondent
John Chadwick Johnson
Frith Anderson & Peake, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 27 2020
    Petition DENIED.
  2. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  3. Dec 10 2019
    Waiver of right of respondents BB Cully and Jim Williams to respond filed.
  4. Dec 04 2019
    Waiver of right of respondent Anne Reed to respond filed.
  5. Aug 02 2019
    Petition for a writ of certiorari filed. (Response due January 2, 2020)