Supreme Court Report

Supreme Court of the United States · Official docket →

Gregory Shawn Mercer v. Virginia

Paid petition · Supreme Court of Virginia, No. 200331 · judgment January 11, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Question presented

A) SCOTUS Rule 10(b) - Whether or not the Circuit Court of Fairfax County (hereafter “FCCC”) erred by entering its Prosecuting-Authority-determining 1/15/2019 “Final Order” captioned sua sponte “Commonwealth of Virsinia versus /Petitioner/” when the lower Fairfax County General District Court’s (hereafter “FCGDC’s”) 11/13/2018 documents: a) “Notice of Appeal - Criminal” and b) the likewise Prosecuting-Authority-determining “Disposition Order - Uniform Summons” initially created “County of Fairfax v. [Petitioner!” FCCC Case No. MI-2018- 1766, where these two controlling documents determined two different Prosecuting Authorities? B) SCOTUS Rule 10(b) - Whether or not the Court of Appeals of Virginia (hereafter “COAV”) erred by dismissing sua sponte Petitioner’s appeal without remanding for an FCCC “Amended Final Order” opining that Petitioner’s 1/23/2019 “Notice of Appeal” in Record No. 0135-19-4 “fail[ed] to name a necessary party” when: a) no appellee ever appeared in the COAV to oppose Petitioner; while his “Notice of Appeal:” b) stated “Fairfax County Code §82-5-43 is Unconstitutional with respect to the Constitution of Virginia, ... and the ... U.S. Guarantee Clausec) attached a copy of the sua sponte captioned 1/15/2019 FCCC “Final Order;” and c) “was hand delivered in accordance with RSCV Rule 5A:6(a) to the Commonwealth’s Attorney’s Office for Prosecutor Maureen E. Cummins, VA Bar #85680, maureen.cmnmins@fairfaxcountv.sov. ...?” C) SCOTUS Rule 10(b) - Whether or not Petitioner received “Equal Justice Under Law” in the Supreme Court of Virginia (hereafter “SCV”) when that SCV “refused” to accept Jurisdiction of its Record No. 200331 citing VA Code §17.1-410(A)(1) & (B) where Petitioner’s 1/23/2019 FCCC to COAV “Notice of Appeal” invoked his U.S. Amendment V & XIV Due Process Rights with Constitution of Virginia (hereafter “COV”), Article I, Section 3 Right which were nullified by the SCV due to Virginia and Federal Rights (including COV, Article I, Section 2 & 5) being systematically unenforced in Virginia’s Non-Federal Courts unlike in the Supreme Courts of IA and WI? D) SCOTUS Rule 10(c) - Whether or not the 1971 COV is unconstitutional with respect to the: a) U.S. Supremacy Clause when the SCV interprets the Constitution of the United States & its U.S. Bill of Rights via COV, Article VI, Sections 1 & 2; and/or b) U.S. Guarantee Clause as interpreted by Duncan v. McCall 139 U.S. 449, 461, 11 S.Ct. 573, 577 (1891) with Virginia State, County, and City Judges “chosen by” members of the Virginia General Assembly not “elected by” the People via COV, Article VI, Section 7? E) SCOTUS Rule 10(c) - Whether or not current interpretation of the Constitution of the United States empowers this Supreme Court of the United States (herein “SCOTUS”) to Declare for the U.S. Congress and/or Order the Virginia Governor/General Assembly that a Virginia Constitutional Convention must meet to frame for Virginia Citizens’ ratification a new COV which is in accordance with the U.S. Supremacy Clause and/or the U.S. Guarantee Clause? If so, whether or not this SCOTUS will so Declare or Order? F) SCOTUS Rule 10(c) - Whether or not Petitioner’s invoked COV, Article I, Section 3 Right will be enforced by the SCOTUS to force Virginia: a) to reform its illegitimate Judicial Department establishing fair and impartial trials in accordance with the Due Process of U.S. Amendment V & XIV Rights; and/or b) to abandon its Contributory Negligence Tort Rule for the equitable principles of Comparative Negligence during and after Virginia Judicial Reform? G) SCOTUS Rule 10(c) - To the extent that a Congressional Procedural Filibuster postponed or prevented full disclosure of the cause(s) of the insurrection at the U.S. Capitol on or about 1/6/2021 which jeopardizes and/or prevents Congress’ continuous duty to guarantee Virginia a Republican Form of Government, whether or not the Congressional Filibuster is Unconstitutional with respect to the U.S. Guarantee Clause? SUBSIDIARY QUESTIONS FAIRLY INCLUDED (SCV 2/26/2020 PETITION FOR APPEAL) SCOTUS Rule 14.1(a) - [P5-7] 1) (Legal Error de novo Standard of Review) Where: a) the Virginia General Assembly elects/elected all Virginia State, County, and City Judges in six of the seven Constitutions of Virginia (1776, 1830, 1864, 1870, 1902, & 1971 but not 1850), b) the Virginia Police currently endorse Virginia General Assembly Representatives for Office in General Elections (at least 2015 and 2019 for Virginia Senator Chap Petersen), and c) the current Code of Virginia §2.2-3706(B)(l) withholds Virginia Police Reports from the People and the Accused at the Virginia Police Custodian of Records’ Discretion, - the ALLEGIANCE of Virginia State, County, and City Judges is no longer to the accused Defendant(s) but blindly to the Police Witness(es) for the Prosecution in Non-Federal Courtrooms contrary to the Constitution of Virginia, Article I, Sections 2 & 5 [C3-7, C10-18, Ell-13, M4, N2, N4-5, Ol, P5-6, P8-16, P20, P23-24, R23-24, R36-40, R46-54, R57-59, R62-63]. 2) (Legal Error de novo Standard of Review) The trial court being the Fairfax County Circuit Court erred when it captioned its 1/15/2019 “Final Order” in Case No. MI-2018-1766 as “COMMONWEALTH OF VIRGINIA VERSUS GREGORY SHAWN MERCER” when Appellant was convicted of violating FAIRFAX COUNTY Code §82-5-43 [B2, B5-6, E3-14, G2-6, Jl2, Nl-4, 01-5, P6, P15-24, Rl, R19, R46, R57, R60- 66],

Counsel of record

For petitioner
Gregory Shawn Mercer

For respondent
Chanel M Jackson
Fairfax County Commonwealth

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 06 2021
    Rehearing DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Oct 29 2021
  4. Oct 04 2021
    Petition DENIED.
  5. Jul 28 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jul 21 2021
    Waiver of right of respondent Commonwealth of Virginia to respond filed.
  7. Jun 10 2021
    Petition for a writ of certiorari filed. (Response due August 2, 2021)