Donnie T. A. M. Kern v. Virginia

On January 12 2023, the Virginia Supreme Court ordered the Petitioner: “[A]ppellant shall have until February 19 2023 to file a notice of appeal in the Court of Appeals of Virginia and a petition for appeal with the Clerk of this Court”. The Petitioner complied with the Virginia Supreme Court’s order. The notice of appeal had been filed at or around October 31 2022 with the Virginia Court of Appeals, and the petition for appeal on February 19 2023. The Petitioner was under the belief he had satisfied the order as prescribed by the Virginia Supreme Court. On March 14 2023 the Virginia Supreme Court denies the petition for appeal citing: “Finding that the appellant has failed to comply with this Court’s order issued January 12, 2023 and finding that the appeal was not perfected in the manner provided by law because the appellant failed to file the notice of appeal in the Court of Appeals, the Court dismisses the petition for appeal filed in the abovestyled case. Rule 5:14(a)” Whether the Petitioner violated an order by the Virginia Supreme Court the causation for the Virginia Supreme Court to deny the Petition

Virginia Supreme Court Rule 5:17(j)(l) states:

Right to oral argument. The appellant is entitled to state orally, in person or by telephone conference call,