Opinion
230172
04-18-2023
ANTOINE ANDERSON v. HAROLD CLARKE, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL.
Geri M. Greenspan, Vishal M. Agraharkar (American Civil Liberties Union Foundation of Virginia, Inc.), and James J. O'Keeffe (MichieHamlett, Attorneys at Law) for appellant. Laura H. Cahill (Office of the Attorney General) for appellees.
Circuit Court for the County of Albemarle; Cheryl V. Higgins, Judge.
Geri M. Greenspan, Vishal M. Agraharkar (American Civil Liberties Union Foundation of Virginia, Inc.), and James J. O'Keeffe (MichieHamlett, Attorneys at Law) for appellant.
Laura H. Cahill (Office of the Attorney General) for appellees.
GRANTED APPEAL SUMMARY
Assignments of Error
1. The circuit court erred by granting the Appellees' Motion to Dismiss and denying and dismissing Appellant's petition for writ of habeas corpus.
2. The circuit court erred in holding that Budget Item 404(R)(2) applies to the Petitioner and that therefore Petitioner is not entitled to enhanced sentence credits under Va. Code § 53.1-202.3 for time served prior to July 1, 2022.
3. The circuit court erred in implicitly holding, or, in the alternative, failing to reach the issue, that the retroactive application of Budget Item 404(R)(2) does not violate the Ex Post Facto clause of the U.S. and Virginia Constitutions.
4. The circuit court erred in implicitly holding, or in the alternative, failing to reach the issue, that the retroactive application of Budget Item 404(R)(2) does not violate the Due Process clause of the U.S. and Virginia Constitutions.