URGENT INTAKE: Civil Appellate Representation Needed – 21-Day Cure Window Opened by Court
URGENT INTAKE: Civil Appellate Representation Needed – 21-Day Cure Window Opened by Court (Record No. 0313-26-3)
I Am in need of immediate contingent appellate representation regarding a wrongful death lawsuit involving the violent homicide of my son Jowell Travis Le Gendre while in state custody at Red Onion State Prison.
I have successfully filed appeal documents and have been fighting for justice as a pro se litigant. As a last ditch effort to derail my case, the Virginia Attorney General’s Office and the Wise County Circuit Court used unrelated case law, Kone v Wilson, to dismiss my case WITHOUT prejudice WITHOUT adjudicating on timely filed motions that address(ed) noncompliance and contempt of court for ignoring timely sheriff and private served subpoenas regarding my son’s autopsy report, funeral home records and photos, early discovery to obtain prison duty rosters, investigation reports, surveillance and body cam footage, thereby creating "state imposed impossibility" barriers.
Despite ongoing collusion between state actors, private actors and the lower court, as well as the apparent “stand down” order given to qualified Virginia attorneys who refused to take my case(s) back in 2023-2024, 2025 and now 2026, I was able to push through as a pro se litigant with both my Federal Wrongful Death Civil Lawsuit and my State Wrongful Death Civil Lawsuit now successfully filed in the US Court of Appeals (USCA4 Case 26 1481)and the Virginia Court of Appeals (Record No. 0313-26-3) respectively. The circuit court also abused its duties by refusing to address timely submitted Written Statements of Fact in Lieu of a Transcript that document other violations occurring during court hearings, thereby submitting an incomplete appellate record.
Listed below are my appellate filed and accepted Assignment of Errors that are further addressed in my appellate filed and accepted Opening Brief (see attached):
ASSIGNMENT OF ERROR I
The Circuit Court erred in holding that a personal representative who is the sole beneficiary may not file a wrongful death action pro se and in dismissing the complaint as a "nullity" under Kone v. Wilson, 272 Va. 59 (2006). (Preservation Reference: R. 1-64; 103-112; 113-122; 240-250; 337-340; 341-370; 389-491; and 494-526)
ASSIGNMENT OF ERROR II
The Circuit Court erred in dismissing the action without applying the tolling provisions of Va. Code § 8.01-229(D). (Preservation Reference: R. 1-64; 170-173; 184-188; 337-340; 341-370; and 374-388)
ASSIGNMENT OF ERROR III
The Circuit Court erred by treating the signed pleading as an incurable nullity rather than a voidable signature defect subject to the mandatory 21-day cure period under Va. Code § 8.01-271.1(G). (Preservation Reference: R. 1-64; 103-112; 113-122; 337-340; and 341-370)
ASSIGNMENT OF ERROR IV
The Circuit Court erred in dismissing the wrongful death action without considering the constitutional right of meaningful access to the courts under Article 1, § 11 and Article I, § 12 of the Constitution of Virginia. (Preservation Reference: R. 1-87; 240-250; 337-340; 389-491; and 494-526)
ASSIGNMENT OF ERROR V
The Circuit Court erred by dismissing the case while discovery motions remained unadjudicated in violation of Rule 4:1(d)(2), and by ruling on Appellees' Motion to Strike despite a failure of service in violation of Rule 1:12. (Preservation Reference: R. 1-54; 113-122; 180-211; 234-239; 240-282; 283-304; 310-323; 326-332; and 337-340)
ASSIGNMENT OF ERROR VI
The Circuit Court erred by refusing to consider or certify the Written Statement of Facts in lieu of a transcript, in violation of Rule 5A:8(c). (Preservation Reference: R. 337-340; 343-360; 366-370; and 374-388)
The errors identified above independently and collectively require reversal.
Crucial Update: On June 22, 2026, the Court of Appeals of Virginia issued an order granting me a 21-day window to cure a technical signature defect under Va. Code § 8.01-271.1(G). A signature corrected Notice of Appeal, along with other cure documents, must be filed by counsel before July 13, 2026, and an amended opening brief is due on or before July 22, 2026.
In anticipation of this order I began reaching out to Virginia attorneys as early as April 27, 2026 prior to submitting my Opening Brief. I sent out follow up requests and increased my search pool on May 23, 2026 after my Opening Brief was successfully filed and accepted on May 19, 2026. I immediately revisited previous solicitations and expanded my search pool again on June 23, 2026 after the Appellate order was handed down the afternoon of June 22, 2026. I began follow up attempts on July 1, 2026. To date I have not secured an attorney.
I have maxed my loan capacity against my 401K Retirement account, fighting as a pro se litigant against the State of Virginia, seeking justice for my son Jowell to the tune of thousands of dollars over the last 3 years. I normally do not ask for assistance, as historically, I have been the one sought for resolution and solutions. Now, I Am reaching out for immediate assistance from my village.
I have already prepared the necessary corrective filings, including an Amended Complaint and a Motion to Disqualify the decedent's biological father due to 25+ years of total abandonment, as guidance tools for onboarding attorneys. This establishes me as the sole statutory beneficiary, removing the traditional barriers to pro se estate administration under Kone v. Wilson. Proactive alignment is how I have been able to stay ahead thus far.
Because the Court of Appeals has formally opened the door to save this appeal, I need a Virginia licensed attorney to step in immediately, sign the corrected notice, review these files, file signature corrections and cure motions in Wise County Circuit Court before the July 13 deadline and subsequently file the signature corrected Opening Brief in the Virginia Court of Appeals by July 22, 2026 as instructed in the court order (see attached).
I have ready to send:
1.The Court of Appeals' June 22 Order granting the 21-day window.
2. Filed Opening Brief requiring signature amendment.
3. Filed Notice of Appeal requiring signature amendment.
4. My prepared Amended and Cured Complaint.
5. The Motion to Disqualify Statutory Beneficiary due to Abandonment.
6. Notice of Filing and Request for Hearing.
Please let me know the fastest way to speak with an intake attorney. I appreciate your assistance and referrals. Please share this update so that more eyes can see. As always, my family and I appreciate your continued support.
Respectfully submitted,
Jeannette Le Gendre
VA Court of Appeals 21 Day Cure Order
VA Court of Appeals Appellant Opening Brief