by Laurie Azgard
Brian D. Hill, formerly of USWGO alternative news who had filed his petition with the highest Court in Virginia, had his petition for appeal refused by the writ panel in the Virginia Supreme Court for his state writ of habeas corpus petition after making his oral argument on Dec. 1, 2020. One day before New Years Eve, Brian had filed a petition for rehearing saying the writ panel had erred because Brian was actually innocent of his state charge of indecent exposure, that he should not be procedurally barred from being given relief in his criminal case because he is actually innocent, since the Martinsville Police erred in arresting Brian without proving that Brian was fully medically cleared. Brian was not medically cleared as Sovah Hospital did not test Brian for drugs, alcohol, or even gases in his blood the night he was found nude by police at night. The lab work was simply never done and then Brian was quickly arrested by Police and they never even took the time to find the man wearing the hoodie who threatened Brian to get naked or his mother would be murdered. After Brian was arrested, the jurisdiction changed to the Commonwealth’s attorney and they no longer have to investigate the criminal case, they don’t have to accept any evidence or witnesses after they charge somebody with a crime, that is simply how the Corrupt Commonwealth of Virginia operates. So it was a serious poo-pooing of an actual criminal investigation with just a quick arrest and not even reviewing over the non-existent laboratory records, so it is perjury by officer Robert Jones of Martinsville Police Department because he claimed there was lab work, and certified in the arrest of Brian for indecent exposure that he was medically cleared but later admitted in federal court under oath that he never requested access to Brian’s medical records which would have proven that no lab work was ever done while claiming lab work was done. Brian has a good claim of actual innocence, and anybody who judges him over an indecent exposure charge knows nothing of the facts concerning his case. Carbon monoxide can create mental paranoia, psychosis, hallucinations which can include imagining men in dark outfits telling you to do what they say or they kill your family member. Heck there are plenty of Hollywood movies out there with men threatening women and some rape scenes in Hollywood movies. So it wouldn’t be that far-fetched that Brian would be told by some guy wearing a black hoodie to take his clothes off or his mother would be murdered. Hallucinations would explain also why a guy wearing such hoodie may have never been found. That is assuming that the Police weren’t just lazy eating donuts and just lied about attempting to find this man in the hoodie who Brian spoke of. Unfortunately the Police are not allowed to further investigate Brian’s indecent exposure case because once they had arrested him and he was charged, they can no longer investigate anything and any evidence sent to their Police Department is automatically forwarded to the Commonwealth’s attorney and then forwarded to his corrupt court appointed lawyers like Matthew Clark in Martinsville, VA. Yet another lousy court appointed liar who ruined Brian’s life and told him to give up by withdrawing his appeal in the state court.
Brian’s mother had filed his petition for rehearing with the Supreme Court of Virginia by email. It isn’t a violation as I was told that his monthly probation reports are also emailed by Brian’s mother to Brian’s probation officer. The Supreme Court of Virginia does not allow paper filings without a motion for leave of Court. Almost all of Brian’s motions are always denied in courts, so requesting that he file in paper may also have been denied if he had even tried, so it appears that Brian had pushed his mother to comply with the Supreme Court rules requiring electronic filing, that she filed his pleading with the Virginia Supreme Court in his stead, as his assistant or representative. There is nothing in those rules that bar a criminal defendant from asking his family member or friends to email the pleading to the Court when the rules require such. Brian always follows the rules in any way he legally can and is able to.
Fwd_ Read_ Virginia Supreme Court, Petition for Rehearing, no_Redacted.pdf – Clerk’s office acknowledged receipt of pleading from Roberta Hill
PETITION FOR REHEARING SCV-VA(7) Digital Signed.pdf – Petition for rehearing and is the exact same file transmitted by Brian’s mother to the Court
Fwd_ Virginia Supreme Court, Petition for Rehearing, no_Redacted.pdf – Email that transmitted the petition for rehearing to the Clerk as required by their rules
opinion.pdf – Opinion of the writ panel of the VA Supreme Court
The Clerk accepted the filing from Brian’s mother and has been docketed as timely filed with the Court. The filings and docket information can be obtained by anybody by simply going to the Supreme Court of Virginia online search and typing up case no. “200267”.
The very reason why his petition for appeal was denied wasn’t because they didn’t believe in Brian’s innocence and it wasn’t that they felt Brian had no merits in any of his claims on the record, it is a technical refusal, a procedural denial of Brian’s request for appeal with the Supreme Court of Virginia. The technicality was that Brian is not in a state prison and that he is not under state probation. Brian argues that he has the right to file a writ of habeas corpus petition on the only ground of his actual innocence when procedurally barred.
Brian is making one of his last bid attempts to overturn his wrongful state conviction. If this overturning of his criminal conviction in the state succeeds then Brian’s supervised release revocation may be reversed on the technical ground that Brian is actually innocent of his state charge and conviction.
Brian even accused the Commonwealth of Virginia of acting as a confederacy by not following the Supreme Court of the United States.
If the Supreme Court rules that Federal Writs of Habeas Corpus shall be permitted and jurisdiction exists for claims of Actual Innocence, that all State Courts including State Supreme Courts must also respect Constitutional case law authorities from the same U.S. Supreme Court. The decision by the Writ Panel on December 21, 2020 to refuse the petition for appeal contradicts the multiple case laws of the highest Supreme Court. All State Governments must abide by the Federal Supremacy Clause otherwise a State is acting as a confederacy.Petition for rehearing, page 4 of pdf
If the state refuses to overturn Brian’s state conviction on the excuse of technical grounds and not actually over whether Brian’s innocence claims have any merit, then the state courts do not act under the Supreme Court of America, they are acting as though the Supreme Court does not exist and they can decide which case laws to follow and which ones to ignore. That makes them just as corrupt as the “Fourth Circuit” and the corrupt Kangaroo Court of DisHonorable TYRANT Thomas David Schroeder. That puts a major dagger into the federal supremacy clause of the U.S. Constitution. States can now act as confederacies to keep somebody convicted of a crime, even if they are innocent. None of that makes any sense. Nobody should have a criminal record or criminal conviction when they are innocent of a crime. Where is the Innocence Project’s take on all of this????
What will this mean for Brian D. Hill of formerly USWGO alternative news??? Will Brian now permanently have a state criminal record that will follow him around for the rest of his life for being a victim of “carbon monoxide poisoning” when the police clearly lied that Brian was medically cleared when evidence shows a lack of it???? How is any of that justice????