26 July 2004

Writs of Actual Innocence

The Writ has not yet flooded the Virginia Court of Appeals. Of course, it has only been in existence since 01 July 2004.

There is also a concern that law in this area will be developed in response to a lot of poorly drafted, ill-reasoned motions from pro se litigants in prison (jail house lawyers). Most likely those fears are correct. Desperate (or bored) men in prison will probably be the source of 95% of these motions and the courts will probably begin to view them with the same jaded eye as is used in viewing habeus petitions.

Lv SWVaLaw

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