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Stephon Cepeda Marsh v. Virginia

IFP petition · Supreme Court of Virginia, No. 250171 · judgment September 17, 2025


Certiorari denied · June 29, 2026

Questions presented

  1. Whether a state trial court violates a defendant’s Sixth and Fourteenth Amendment rights to present a complete defense when it excludes evidence showing a complainant’s motive to fabricate—specifically, evidence of a prior pregnancy and an ongoing intimate relationship between the parties— on grounds of speculation or prejudice, despite its direct relevance to credibility and consent.

  2. Whether trial counsel’s failure to investigate and introduce exculpatory digital evidence, failure to challenge inconsistent testimony, and failure to seek appropriate jury instructions on mitigating factors constitute ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984).

  3. Whether permitting the alleged victim to remain in the courtroom throughout trial—despite visible emotional reactions and contact with jurors—violates a defendant’s right to a fair and impartial trial under the Due Process Clause of the Fourteenth Amendment.

  4. Whether systemic racial bias and sentencing disparities that result in significantly harsher punishments for Black defendants, such as Petitioner, violate the Equal Protection Clause of the Fourteenth Amendment.

Counsel of record

For petitioner
Stephon Cepeda Marsh

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 29 2026
    Petition DENIED.
  2. Jun 10 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. Dec 15 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2026)