Post-conviction Remedies in Virginia

MCLE Credits: 1.5
Ethics Credits Included: 0.0

Wednesday, January 17, 12:00 p.m. - 1:30 p.m. ET
  • Live Webcast (cancelled due to weather)
  • Live Telephone
  • Live on Site at Virginia CLE (cancelled due to weather)

Friday, February 16, 12:00 p.m. - 1:30 p.m. ET
  • Telephone with Live Q&A (no webcast option)
MCLE Credit: 1.5 (Ethics: 0.0)
Live-Interactive Credit: 1.5 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $120


Why Attend?

  • Receive an introduction to habeas corpus
  • Learn the possible causes of action that can be used for inmates with constitutional claims even after the conviction is final
  • Discover why a client with a reasonable innocence claim is never truly out of options 
  • Find out the different ways that a defendant may mitigate or seek a reduction of his sentence

Virginia is the toughest state in the country in regards to the finality of a conviction; still, there are numerous possible ways to correct injustices after a conviction becomes final.

Defense counsel will learn the possible causes of action to remedy mistakes, injustices, or constitutional violations after a conviction is final. Habeas corpus is the main post-conviction remedy and will be covered extensively from timing to subject matter jurisdiction to cognizable claims. The purpose of habeas corpus is to “test the validity of detention, and, for this purpose, the law permits a prisoner to mount a collateral attack upon his conviction or sentence.” Sigmon v. Dir. of the Dep’t of Corr., 285 Va. 526, 530-31, 739 S.E.2d 905, 906-07 (2013) (citations omitted). But there are a multitude of other possible remedies, all determinant on either the location of the petitioner or the timing of the claim or the nature of the claim. Other remedies that will be covered include a motion for a delayed appeal in a criminal case, Va. Code § 19.2-321.1; writs of actual innocence, Va. Code § 19.2-327; executive clemency, “motions to vacate” convictions, ancient writs, suspension or modification of a sentence pursuant to Va. Code § 19.2-303; and more.


Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

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12:00 Post-conviction Remedies in Virginia
1:15 Question-and-Answer Session
1:30 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.


12:00 Post-conviction Remedies in Virginia
1:15 Question-and-Answer Session
1:30 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.



Jonathan P. Sheldon, Sheldon Flood & Haywood PLC / Fairfax

Jonathan Sheldon focuses his work almost exclusively on criminal trials, criminal appeals, and post-conviction in the state and federal courts. He is the author of the only treatment of habeas corpus and post-conviction remedies in Virginia, found in Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE® 2017), and is co-author of Trial of Capital Murder Cases in Virginia (Virginia CLE® 2017). He gained a unique insight into the perspective and attitudes of federal judges by working on appeals in criminal and post-conviction cases in his role as a law clerk with the United States Court of Appeals for the Second Circuit in New York. Ten years later Mr. Sheldon took a year off from private practice to work as an attorney-advisor for the federal courts, focusing on post-conviction remedies and capital murder cases. Mr. Sheldon served for three years as the chair of the Virginia State Bar’s annual conference on how to defend a capital murder case. He has either appeared in or been asked to consult on numerous books and television shows, including CNN, CBS News, Law & Order, Larry King Live, and Laura Lippman’s book I’d Know You Anywhere, and is featured in the 2013 book Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys.  Mr. Sheldon received his undergraduate degree from University of Massachusetts, Amherst, and his law degree from William & Mary Law School.

Locations, Dates and Fees

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Our Address

  • 105 Whitewood Road
    Charlottesville, VA 22901


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