QUESTION
if convicted of burglary in 2008 sentenced until 2060 is there any chance of reoppening the case?
Asked on May 23rd, 2012 on Criminal Law - Virginia
More details to this question:
My son was convicted of burglary in 2008 at the age of 19. He had been diagnosed with mental illness when he was nine including bipolar but not limited too. He did not act alone and crime was captured on video camera. He is the only one out of the three perps to be convicted where he was sentenced to not be release until 2060. I feel he was not trialed fairly and need advice before hiring a lawyer if by any chance its a possibilities to re open his case?
1 ANSWER
1 Award
Since he is still incarcerated he still has the right to file a Habeas Corpus petition. The requirements can be found here: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-327.11. The pro-se form can be found here under the "Appendix of Forms": http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf This motion can only be filed for very limited reasons.
He can also petition for delayed appeal in either the Court of Appeals: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-321.1. Or the Supreme Court: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-321.2
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Jun 12th, 2012 at 5:23 PM
Please note that this does not constitute an attorney-client relationship nor is it legal advice.