Post-conviction Remedies in Virginia (Online Seminar)

MCLE Credits: 1.5
Ethics Credits Included: 0.0

MCLE Credit: 1.5 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $110 (Includes a downloadable audio version.)
Viewable Through: 1/31/2018

Information

A pre-recorded streaming AUDIO replay from the January 2018 live phone seminar, Post-Conviction Remedies in Virginia.


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.

Topics covered:

  • An introduction to habeas corpus
  • 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
 

Schedule

Faculty

FACULTY

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.

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    Charlottesville, VA 22901

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