Case: LeBlanc v. Mathena

2:12-cv-00340 | U.S. District Court for the Eastern District of Virginia

Filed Date: June 19, 2012

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 19, 2012, a prisoner incarcerated at the Red Onion State Prison in Pound, Virginia, petitioned for a writ of habeas corpus in the U.S. District Court for the Eastern District of Virginia. The plaintiff, represented by private counsel and Equal Justice Initiative, sought relief from his sentence under the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2254. The plaintiff claimed that denial of relief by the Virginia courts ran contrary to federal law clearly established by …

On June 19, 2012, a prisoner incarcerated at the Red Onion State Prison in Pound, Virginia, petitioned for a writ of habeas corpus in the U.S. District Court for the Eastern District of Virginia. The plaintiff, represented by private counsel and Equal Justice Initiative, sought relief from his sentence under the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. § 2254. The plaintiff claimed that denial of relief by the Virginia courts ran contrary to federal law clearly established by Supreme Court precedent. Specifically, the plaintiff, who was serving two life sentences without parole for conduct committed as a minor, claimed that the state’s refusal to give non-homicide juvenile offenders a meaningful opportunity to obtain release ran counter to Graham v. Florida, in which the Supreme Court held that the Eighth Amendment forbids sentencing juvenile offenders who did not commit homicide to life without parole.

On July 15, 2002, nearly ten years prior to filing his habeas corpus petition, the plaintiff had been found guilty of rape and abduction for conduct that occurred on July 6, 1999, when the plaintiff was 16 years old. On March 4, 2003, he was sentenced to serve two terms of life imprisonment. Under the Virginia Code, the plaintiff was ineligible for parole. On May 17, 2010, more than seven years after the plaintiff received his sentences, the Supreme Court decided Graham v. Florida. In light of the new Supreme Court precedent, the plaintiff filed a Motion to Vacate Invalid Sentence in the Virginia Beach Circuit Court on May 11, 2011. The circuit court denied the plaintiff’s motion, concluding that Virginia’s geriatric statute, which allows prisoners to apply for condition release at the age of sixty, provides an appropriate mechanism for compliance with Graham. The Supreme Court of Virginia refused the plaintiff’s petition for appeal on April 13, 2012, and denied his petition for rehearing on June 15, 2012. The plaintiff subsequently petitioned for a writ of habeas corpus.

On November 15, 2012, Red Onion State Prison and the Commonwealth of Virginia moved to dismiss.

On July 24, 2013, Magistrate Judge Lawrence R. Leonard issued a report and recommendation, recommending that respondents’ motion to dismiss be granted. 2013 WL 10799406. In his opinion, Judge Leonard discussed a Virginia Supreme Court case, Angel v. Commonwealth. The Angel decision explained that the state does have methods in place for allowing juvenile offenders an opportunity for release: the geriatric release statute provides prisoners with the opportunity to apply for conditional release at age sixty. Further, reviewing of a claim raised in a § 2254 petition is impermissible unless the state court decision is contrary to or an unreasonable application of clearly established federal law; the report concluded that this showing was not made in this case.

On July 1, 2015, after supplemental briefing, the District Court (Judge Arenda L. Wright Allen) denied the respondent’s motion to dismiss and granted the prisoner's petition. 2015 WL 4042175. The District Court held that the state court determination was contrary to clearly established federal law and involved an unreasonable application of clearly established federal law. First, Graham imposes a flat ban on life sentences without parole for juvenile non-homicide offenders. Second, the theory that the state complies with Graham by allowing prisoners to apply for geriatric release misapplies Graham’s governing principle that children warrant special consideration in sentencing.

Respondents appealed, but on November 7, 2016, the Fourth Circuit affirmed, holding that the petitioner is entitled to relief from his unconstitutional sentence. 841 F.3d 256. Judge Wynn explained that the state court adjudication was an unreasonable application of Graham. It was unreasonable for the Virginia state courts to conclude that geriatric release amounted to a meaningful opportunity to obtain release based on maturity and rehabilitation, as is demanded by Graham. Judge Niemeyer, in dissent, argued that the Virginia court’s decision in Angel v. Commonwealth was reasonable and should be given deference.

The state's petition for rehearing en banc was denied. On January 24, 2017, Red Onion State Prison and the Commonwealth of Virginia moved to stay the mandate pending the filing of a petition for a writ of certiorari. On February 1, 2017, the Fourth Circuit granted the motion to stay the mandate. On June 12, the Supreme Court granted cert and, in a per curiam opinion, reversed. On August 25, Fourth Circuit then reversed the district court's judgment. Neither court provided reasoning for its decision.

The case is now closed.

Summary Authors

Julie Singer (2/12/2017)

Virginia Weeks (3/23/2018)

Related Cases

Maryland Restorative Justice Initiative v. Hogan, District of Maryland (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5120338/parties/leblanc-v-mathena/


Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Leonard, Lawrence Richard (Virginia)

Niemeyer, Paul Victor (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Chu, Stephen (Alabama)

Stanton, Jennifer Tope (Virginia)

Susskind, Randall Scott (Alabama)

Swiergula, Jennae Rose (Alabama)

Attorneys(s) for Defendant

Adelfio, Katherine Quinlan (Virginia)

Cox, Trevor Stephen (Virginia)

Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Leonard, Lawrence Richard (Virginia)

Niemeyer, Paul Victor (Maryland)

Wynn, James Andrew Jr. (North Carolina)

Attorneys(s) for Plaintiff

Chu, Stephen (Alabama)

Stanton, Jennifer Tope (Virginia)

Susskind, Randall Scott (Alabama)

Swiergula, Jennae Rose (Alabama)

Attorneys(s) for Defendant

Adelfio, Katherine Quinlan (Virginia)

Cox, Trevor Stephen (Virginia)

Raphael, Stuart Alan (Virginia)

Todd, Lara Kate Jacobs (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 2, 2017 Docket
1

Petition for Writ of Habeas Corpus by Prisoner in State Custody

June 19, 2012 Pleading / Motion / Brief
24

Report and Recommendation

2013 WL 10799406

July 24, 2013 Magistrate Report/Recommendation
27

Petitioner's Supplemental Brief

Nov. 11, 2013 Pleading / Motion / Brief
35

Order [granting relief]

2015 WL 4042175

July 1, 2015 Order/Opinion
50

Opinion

U. S. Court of Appeals for the Fourth Circuit

841 F.3d 256

Nov. 10, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5120338/leblanc-v-mathena/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 246830160841.), filed by Dennis LeBlanc. (Service Copies Provided) (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Receipt)(bnew) (Entered: 06/20/2012)

June 19, 2012 PACER
2

Motion to appear Pro Hac Vice by Randall Scott Susskind, Jennae Rose Swiergula, Stephen Chu and Certification of Local Counsel Jennifer T. Stanton Filing fee $ 75, receipt number 0422-3098062. by Dennis LeBlanc. (Attachments: # 1 Proposed Order)(Stanton, Jennifer) (Entered: 06/27/2012)

June 27, 2012 PACER

Notice of Correction re 2 Motion to appear Pro Hac Vice - There needs to be a individual motion and proposed order for each individual attorney appearing Pro Hac Vice. The Motions do not have the Civil Case Number in the header. Also, a $75 payment is required for each application. (bnew)

June 28, 2012 PACER
3

Motion to appear Pro Hac Vice by Stephen Chu and Certification of Local Counsel Jennifer T. Stanton Filing fee $ 75, receipt number 0422-3100046. by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 06/28/2012)

June 28, 2012 PACER
4

Motion to appear Pro Hac Vice by Jennae Rose Swiergula and Certification of Local Counsel Jennifer T. Stanton Filing fee $ 75, receipt number 0422-3100068. by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 06/28/2012)

June 28, 2012 PACER
5

MOTION to Amend/Correct 2 Motion to appear Pro Hac Vice by Randall Scott Susskind, Jennae Rose Swiergula, Stephen Chu and Certification of Local Counsel Jennifer T. Stanton Filing fee $ 75, receipt number 0422-3098062. to add civil case number by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 06/28/2012)

June 28, 2012 PACER
6

ORDER finding as moot 2 Motion for Randall Scott Susskind to appear Pro hac vice because this motion will be granted as amended in doc. 5. Signed by District Judge Arenda L. Wright Allen on 07/27/2012. (Allen, Arenda) (Entered: 07/27/2012)

July 27, 2012 PACER
7

ORDER granting 3 Motion to appear Pro Hac Vice by Stephen Chu (Certification by Local Counsel Jennifer T. Stanton). Signed by District Judge Arenda L. Wright Allen on 7/27/2012. (Allen, Arenda) (Entered: 07/27/2012)

July 27, 2012 PACER
8

ORDER granting 4 Motion to appear Pro Hac Vice by Jennae Rose Swiergula (Certification by Local Counsel Jennifer T. Stanton). Signed by District Judge Arenda L. Wright Allen on 7/27/2012. (Allen, Arenda) (Entered: 07/27/2012)

July 27, 2012 PACER
9

ORDER granting 5 Motion to Amend/Correct as follows: the prior Motion for Randall Scott Susskind to to appear Pro Hac Vice 2 is GRANTED as amended by this motion. Signed by District Judge Arenda L. Wright Allen on 7/27/2012. (Allen, Arenda) (Entered: 07/27/2012)

July 27, 2012 PACER
10

ORDER - It is hereby ORDERED that the respondent file within thirty days from the date of this Order an answer to the petition conforming to the requirements of Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, together with the attachments specified in Rule 5. If the petitioner has exhausted his state court remedies pertaining to his allegations either by appeal of his conviction or by a state habeas corpus proceeding, the respondent is requested to cause the state court records and transcripts of the petitioner's original trial and related proceedings, and the state court's habeas corpus transcripts and records, if any, applicable to the grounds alleged in the petition, to be forwarded to this Court for examination WITHIN THIRTY DAYS FROM THE DATE OF THIS ORDER. Said state court records and transcripts will be carefully maintained and will be returned to the clerk of the proper court upon termination of this proceeding. Signed by Magistrate Judge F. Bradford Stillman and filed on 9/28/2012. (bnew, ) (Entered: 09/28/2012)

Sept. 28, 2012 PACER

Case reassigned to Magistrate Judge Lawrence R. Leonard. Magistrate Judge F. Bradford Stillman no longer assigned to the case. (jcow, )

Oct. 4, 2012 PACER
11

NOTICE of Appearance by Lara Kate Jacobs on behalf of Commonwealth of Virginia, Randall Mathena (Jacobs, Lara) (Entered: 10/31/2012)

Oct. 31, 2012 PACER
12

MOTION for Extension of Time to File Response/Reply as to 10 Order,,,, by Commonwealth of Virginia, Randall Mathena. (Jacobs, Lara) Modified on 11/16/2012 (bnew). (Entered: 10/31/2012)

Oct. 31, 2012 PACER

Notice of Correction re 12 MOTION for Extension of Time to File Response/Reply as to 10 Order: Motion was untimely filed. Support brief is required pursuant to Local Civil Rule 7. (bnew)

Nov. 1, 2012 PACER
13

MOTION for Extension of Time to File Response/Reply as to 10 Order,,,, by Commonwealth of Virginia, Randall Mathena. (Jacobs, Lara) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
14

Brief in Support to 10 Order,,,, 13 MOTION for Extension of Time to File Response/Reply as to 10 Order,,,, filed by Commonwealth of Virginia, Randall Mathena. (Jacobs, Lara) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
15

ORDER granting 13 Motion for Extension of Time to File Response; Respondents are ORDERED to file responsive pleadings on or before November 16, 2012. Signed by Magistrate Judge Lawrence R. Leonard and filed on 11/5/12. Copy mailed as directed on 11/5/12. (jcow, ) (Entered: 11/05/2012)

Nov. 5, 2012 PACER
16

Rule 5 Answer RESPONSE to Petition for Writ of Habeas Corpus by Commonwealth of Virginia, Randall Mathena.(Jacobs, Lara) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
17

MOTION to Dismiss by Commonwealth of Virginia, Randall Mathena. (Jacobs, Lara) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
18

Memorandum in Support re 17 MOTION to Dismiss filed by Commonwealth of Virginia, Randall Mathena. (Attachments: # 1 Exhibit A - VSC Record 111985 - part 1 of 2, # 2 Exhibit A - VSC Record 111985 - part 2 of 2, # 3 Exhibit B - Case No. CR02-1515 - part 1 of 7, # 4 Exhibit B - Case No. CR02-1515 - part 2 of 7, # 5 Exhibit B - Case No. CR02-1515 - part 3 of 7, # 6 Exhibit B - Case No. CR02-1515 - part 4 of 7, # 7 Exhibit B - Case No. CR02-1515 - part 5 of 7, # 8 Exhibit B - Case No. CR02-1515 - part 6 of 7, # 9 Exhibit B - Case No. CR02-1515 - part 7 of 7)(Jacobs, Lara) (Entered: 11/15/2012)

Nov. 15, 2012 PACER
19

NOTICE to Court to include the attached exhibits as part of the record of the case re 1 Petition for Writ of Habeas Corpus, 16 Response to Habeas Petition, 17 MOTION to Dismiss, 18 Memorandum in Support,, by Dennis LeBlanc. (Attachments: # 1 Exhibit Missing from prior pleadings)(Stanton, Jennifer) Modified on 11/27/2012 (bnew). (Entered: 11/27/2012)

Nov. 27, 2012 PACER

MOTION REFERRED to Magistrate Judge Lawrence R. Leonard. 17 MOTION to Dismiss (jcow, )

Dec. 11, 2012 PACER
20

ORDER re 17 MOTION to Dismiss filed by Randall Mathena, Commonwealth of Virginia. Petitioner is ORDERED to respond to motion by Tuesday, May 14, 2013. Respondent may file their reply within seven days thereafter. Signed by Magistrate Judge Lawrence R. Leonard on 04/30/2012. Copies mailed 5/1/2013.(tjoh, ) (Entered: 05/01/2013)

April 30, 2013 PACER
21

RESPONSE to Motion re 17 MOTION to Dismiss and Answer by Commonwealth filed by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 05/13/2013)

May 13, 2013 PACER
22

MOTION for Leave to File Additional authority by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 06/12/2013)

June 12, 2013 PACER
23

ORDER granting 22 Motion for Leave to File.. Signed by Magistrate Judge Lawrence R. Leonard on 07/22/2013. Copies mailed 7/22/2013. (tjoh, ) (Entered: 07/22/2013)

July 22, 2013 PACER
24

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Dennis LeBlanc. For the following reasons, the undersigned RECOMMENDS the Respondents' Motion to Dismiss, ECF No 17, be GRANTED and LeBlanc's Petition, ECF No. 1, be DENIED and DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Lawrence R. Leonard on 07/24/2013. Copies mailed via NEF 7/24/2013.(tjoh, ) (Entered: 07/24/2013)

July 24, 2013 RECAP
25

Objection to 24 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Dennis LeBlanc filed by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
26

ORDER Supplemental Briefing to be filed within thirty days of this order. Respondents shall file a Sur-Reply to Petitioner's Supplemental Briefing. Signed by District Judge Arenda L. Wright Allen on 10/11/2013. (tbro) (Entered: 10/15/2013)

Oct. 11, 2013 PACER
27

Reply to 26 Order, 24 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Dennis LeBlanc, 25 Objection filed by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 11/11/2013)

Nov. 11, 2013 PACER
28

MOTION for Extension of Time to File Response/Reply as to 26 Order, 27 Reply by Commonwealth of Virginia, Randall Mathena. (Todd, Lara) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
29

RESPONSE to Motion re 28 MOTION for Extension of Time to File Response/Reply as to 26 Order, 27 Reply filed by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
30

ORDER granting 28 Motion for Extension of Time to File Response/Reply. Respondents shall file a Sur-Reply to Petitioner's supplemental briefing within 15 days of this Order. Signed by District Judge Arenda L. Wright Allen on 12/2/13. (afar) (Entered: 12/03/2013)

Dec. 2, 2013 PACER
31

Response to 27 Reply Respondents' Response to Petitioner's Supplemental Brief filed by Commonwealth of Virginia, Randall Mathena. (Attachments: # 1 Exhibit A - affidavit of William W. Muse)(Todd, Lara) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
32

MOTION for Leave to File & Supplemental Response by Dennis LeBlanc. (Stanton, Jennifer) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
33

ORDER granting 32 Motion for Leave to File. Signed by District Judge Arenda L. Wright Allen on 1/7/14 and filed on 1/8/14. (tbro) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
34

ORDER: The Court hereby DEFERS ruling re 17 MOTION to Dismiss filed by Randall Mathena, Commonwealth of Virginia, pending the outcome of a closely related matter, which may significantly impact the resolution of this case. Signed by District Judge Arenda L. Wright Allen on 3/27/14. (tbro) (Entered: 03/27/2014)

March 27, 2014 PACER
35

MEMORANDUM OPINION AND ORDER re: 24 Report and Recommendations.; 17 Motion to Dismiss. Petitioner's objections to the Magistrate Judge's Report and Recommendation (ECF No. 24) are SUSTAINED. Accordingly Respondents' Motion to Dismiss (ECF No. 17) is DENIED. Because the state court's decision was both contrary to, and an unreasonable application of, clearly established federal law set forth in Graham v. United States, 560 U.S. 48 (2010), Mr. LeBlanc's Petition (ECF No. 1) is GRANTED. His case is REMANDED for resentencing in accordance with Graham. Mr. LeBlanc may not be sentenced to life without the possibility of parole for nonhomicide offenses he committed as a juvenile. IT IS SO ORDERED. Signed by District Judge Arenda L. Wright Allen and filed on 7/1/15. Copies distributed to all parties 7/1/15. (ldab, ) (Entered: 07/01/2015)

July 1, 2015 RECAP
36

CLERK'S JUDGMENT. Signed by Clerk and filed on 7/1/15. Copies distributed to all parties 7/1/15.(ldab, ) (Entered: 07/01/2015)

July 1, 2015 PACER
37

NOTICE of Appearance by Katherine Quinlan Adelfio on behalf of Randall Mathena (Adelfio, Katherine) (Entered: 07/06/2015)

July 6, 2015 PACER
38

CERTIFICATE of Service - Corrected re 37 Notice of Appearance by Katherine Quinlan Adelfio on behalf of Randall Mathena (Adelfio, Katherine) (Entered: 07/06/2015)

July 6, 2015 PACER
39

NOTICE of Appearance by Stuart Alan Raphael on behalf of Commonwealth of Virginia, Randall Mathena (Raphael, Stuart) (Entered: 07/16/2015)

July 16, 2015 PACER
40

NOTICE of Appearance by Trevor Stephen Cox on behalf of Commonwealth of Virginia, Randall Mathena (Cox, Trevor) (Entered: 07/20/2015)

July 20, 2015 PACER
41

NOTICE OF APPEAL as to 35 Order on Report and Recommendations, Order on Motion to Dismiss,,,,,, 36 Clerk's Judgment by Commonwealth of Virginia, Randall Mathena. Filing fee $ 505, receipt number 0422-4552307. (Raphael, Stuart) (Entered: 07/20/2015)

July 20, 2015 PACER
42

Transmission of Notice of Appeal to US Court of Appeals re 41 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (jmey, ) (Entered: 07/21/2015)

July 21, 2015 PACER

Assembled INITIAL Electronic Record Transmitted to 4CCA re 41 Notice of Appeal. (jmey, )

July 21, 2015 PACER
43

Consent MOTION to Stay re 35 Order on Report and Recommendations, Order on Motion to Dismiss,,,,,, 36 Clerk's Judgment by Commonwealth of Virginia, Randall Mathena. (Attachments: # 1 Proposed Order)(Raphael, Stuart) (Entered: 07/21/2015)

July 21, 2015 PACER
44

USCA Case Number 15-7151 - Richard H. Sewell, Case Manager for 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. (jmey, ) (Entered: 07/24/2015)

July 22, 2015 PACER
45

ORDER. ORDERED that the judgment of this Court entered July 1, 2015 (ECF No. 36), and the accompanying Memorandum Opinion and Order (ECF No. 35), are hereby stayed pending issuance of the mandate in this case by the United States Court of Appeals for the Fourth Circuit. Signed by District Judge Arenda L. Wright Allen on 7/23/2015. Copies mailed 7/24/2015. (jmey, ) (Entered: 07/24/2015)

July 24, 2015 PACER
46

ORDER of USCA as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The court appoints Jennifer T. Stanton to represent Dennis LeBlanc. (15-7151) (jmey, ) (Entered: 08/13/2015)

Aug. 7, 2015 PACER
47

Opinion of USCA (Copy) re 41 Notice of Appeal. (15-7151) (jmey, ) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
48

USCA JUDGMENT as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The Judgment of the district court is affirmed. This judgment shall take effect upon issuance of the court's mandate in accordance with Fed. R. App. P. 41. (15-7151) (jmey, ) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
49

ORDER of USCA as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The Court amends its opinion filed November 7, 2016. (15-7151) (jmey, ) (Entered: 11/14/2016)

Nov. 10, 2016 PACER
50

Amended Opinion of USCA (Copy) re 41 Notice of Appeal. (15-7151) (jmey, ) (Entered: 11/14/2016)

Nov. 10, 2016 PACER
51

Appeal Remark re 41 Notice of Appeal : Stay of Mandate. The mandate is stayed pending further order of this court. (15-7151) (jmey, ) (Entered: 11/22/2016)

Nov. 21, 2016 PACER
52

ORDER of USCA as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The court denies the petition for rehearing en banc. (15-7151) (jmey, ) (Entered: 01/23/2017)

Jan. 20, 2017 PACER
53

Appeal Remark re 41 Notice of Appeal : The mandate is stayed pending further order of this court. (15-7151) (jmey, ) (Entered: 01/26/2017)

Jan. 24, 2017 PACER
54

ORDER of USCA as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The court grants the motion to stay mandate pending the filing of a petition for a writ of certiorari. (15-7151) (jmey, ) (Entered: 02/07/2017)

Feb. 1, 2017 PACER
55

Appeal Remark re 41 Notice of Appeal : Supreme Court Remark. The petition for a writ of certiorari in the above entitled case was filed on March 28, 2017 and placed on the docket March 30, 2016 as No. 16-1177. (15-7151) (jmey, ) (Entered: 04/03/2017)

March 31, 2017 PACER
56

Appeal Remark re 41 Notice of Appeal : Supreme Court Remark. The petition for certiorari and the motion for leave to proceed in forma pauperis are granted, and the judgment of the Court of Appeals is reversed. (15-7151) (jmey, ) (Entered: 06/20/2017)

June 12, 2017 PACER
57

Appeal Remark re 41 Notice of Appeal : Supreme Court Remark. The petition for writ of certiorari is granted. (15-7151) (jmey, ) (Entered: 08/09/2017)

Aug. 7, 2017 PACER
58

MOTION to Withdraw as Attorney by Commonwealth of Virginia, Randall Mathena. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Raphael, Stuart) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
59

ORDER of USCA as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The Court grants Solicitor General Stuart A. Raphael's motion to withdraw from further representation on appeal. (15-7151) (jmey, ) (Entered: 08/10/2017)

Aug. 9, 2017 PACER
60

USCA JUDGMENT as to 41 Notice of Appeal filed by Randall Mathena, Commonwealth of Virginia. The judgment of the district court is reversed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (15-7151) (jmey, ) (Entered: 08/28/2017)

Aug. 25, 2017 PACER
61

USCA Mandate re 41 Notice of Appeal. The judgment of this court, entered takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (15-7151) (jmey, ) (Entered: 08/28/2017)

Aug. 25, 2017 PACER
62

ORDER granting 58, the Motion to Withdraw as Attorney. Attorney Stuart Alan Raphael is withdrawn as one of several counsel of record for respondents for good cause shown. Signed by District Judge Arenda L. Wright Allen on 9/08/2017. (Allen, Arenda) (Entered: 09/08/2017)

Sept. 8, 2017 PACER
63

Appeal Remark re 41 Notice of Appeal : Supreme Court Remark. Amended Supreme Court Judgment. (15-7151) (jmey, ) (Entered: 10/03/2017)

Oct. 2, 2017 PACER
64

ORDER. Consistent with the mandate from the United States Supreme Court and the Fourth Circuit, Mr. LeBlanc's Objections are OVERRULED. It is, therefore, ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED with prejudice. This Court's previous stay of judgment is LIFTED. Signed by District Judge Arenda L. Wright Allen on 4/24/2018. Copies mailed 4/24/2018.(jmey, ) (Entered: 04/24/2018)

April 24, 2018 PACER
65

CLERK'S JUDGMENT. Signed by Clerk on 4/24/2018. (jmey, ) (Entered: 04/24/2018)

April 24, 2018 PACER

State / Territory: Virginia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 19, 2012

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner incarcerated at Red Onion State Prison for crimes committed as a minor

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Initiative (EJI)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commonwealth of Virginia, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Habeas Corpus

Over/Unlawful Detention