Calculating habeas petition deadlines is a tricky business and trips up many lawyers who do not regularly handle … Show More habeas petitions. There are many traps for the unwary. In the state court, for non-capital cases, a habeas corpus petition attacking a criminal conviction or sentence shall be filed within two years from the date of final judgment in the trial court (usually the sentencing order) or within one year from either final disposition of the direct appeal in state court or the time for filing such appeal has expired, whichever is later. Va. Code § 8.01-654(A)(2). Recently the Supreme Court of Virginia noted an exception to this deadline for claims involving exculpatory …Read More »
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