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