Commonwealth Attorney Blues

The Washington Post reported on December 30th that the Virginia Supreme Court will soon be ruling on a defendant’s right to use an antiquated writ (writ of Coram Nobis) to reopen their conviction.



The issue has arisen out of Justice Stevens’ majority opinion in Padilla v. Kentucky (“God bless JP Stevens!”) holding that a criminal defendant’s attorney fails to provide effective assistance of counsel when failing to disclose deportation risks to foreign defendants offered plea bargains.


The writ in question is used by inmates to reopen their cases. I’ve filed some for guys. It’s almost impossible to get a criminal case in Virginia reopened. Under Virginia Supreme Court Rule 1.1 a judgment (including a conviction) is final and not subject to review unless timely appealed or challenged within 21 days of entry.


Commonwealth attorneys around the state are whining about defendants trying to get conviction “do overs”. I have a response to those self-righteous political hacks: FU ! (Sorry, that was prison Larry talking).


Mistakes happen daily in court. Prosecutors and police lie, witnesses make false identifications, defense attorneys screw up.


“Freedom is a gift from God.” – George W. Bush.


No person should ever be denied access to the courts when their freedom is at risk. Whether the conviction was entered 21 days or 21 years ago shouldn’t matter. Freedom is more important than a date certain.