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WHAT CAN BE DONE IF THE NOTICE OF APPEAL IS NOT TIMELY FILED PURSUANT TO VIRGINIA COURT RULE 5A:6(a) which is 30 days.
David's answer
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Answered on September 26, 2016
Generally speaking, a motion for a delayed appeal may be filed under Va. Code Section 19.2-321.1 (Va. Court of Appeals) and Va. Code Section...
Archived
Hello, my question was how would my fiancée who is a inmate try to get his time reduce?
David's answer
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Answered on November 17, 2014
Assuming your fiancee is an inmate in the Virginia Department of Corrections ("DOC"), a court cannot modify his time. Virginia Code 19.2-303...
Archived
How to file a State Habeas Corpus?
David's answer
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Answered on October 17, 2013
The form for a habeas petition in Virginia is actually part of the Va. Code 8.01-655. You can google it. The form should be available at the...
Archived
When should a motion for reconsideration be in filed in a habeas corpus case? (Case was filed in Richmond Va Circuit Court).
David's answer
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Answered on April 23, 2013
If the habeas was filed in Richmond Circuit Court (a state court), then the federal rules (for 2254 cases) do not apply. There is, of course, a...
Archived
Has the procedure for writ of error coram nobis been abolished?
David's answer
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Answered on April 18, 2013
This appears to be the same question from another post. Here is my answer:
A writ of coram nobis (or "coram vobis," which is the same thing) is...
Archived
Has the procedure for writ of error coram nobis been abolished?
David's answer
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Answered on April 18, 2013
A writ of coram nobis (or "coram vobis," which is the same thing) is limited to claims of "clerical error or error in fact."
To answer your...
Archived
Son was 16 when charged with 2 felony counts of selling to a confidential informant. found guilty can charges be expunged?
David's answer
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Answered on October 08, 2012
If a conviction is not overturned or vacated in some manner, expungement is not available under Virginia law. There are no expections to this...
Archived
My husband filed a 2255 and just received a letter stating they asked for an extension which will be up Oct 26,2012
David's answer
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Answered on October 02, 2012
You can always ask for court-appointed counsel on a federal habeas case (a 2255 petition), but the court is not obligated to appoint one unless and...
Archived
If you have filed a habeas corpus and it was granted where do you go from there?
David's answer
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Answered on June 19, 2012
I don't mean to rain on your parade, but -- based on what you have stated -- I doubt the habeas petition was "granted." If that were true, you...
Archived
How can my daughter file an appeal of her sentencing?
David's answer
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Answered on June 12, 2012
In Virginia, every criminal defendant has the right to appeal, even following a guilty plea, but the plea will greatly limit the issues available...
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