Grethen v. Robinson

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The Supreme Court reversed the determination of the trial court that Appellant, an inmate, could not proceed in forma pauperis with his petition for a writ of mandamus.Consistent with Va. Code 8.01-691, Appellant attached several documents to his petition for writ of mandamus that detailed the history of his inmate trust account. The court denied Appellant’s request to proceed in forma pauperis. The Supreme Court reversed, holding (1) the Department’s policies and procedures explain the “loans” and “deposits” that appear on inmate trust account documentation; (2) the value of services for photocopies and legal mail and the inmate’s obligation to repay the Department for the value of those services do not constitute a “deposit” within the plain meaning of that term; and (3) the “deposits” reflected in Appellant’s trust account documents were not “deposits” within the ordinary meaning of that term, and given the absence of actual “deposits,” the trial court erred in denying Appellant in forma pauperis status. View "Grethen v. Robinson" on Justia Law