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Category: Blog

Prince William Commonwealth’s Attorney’s Office Ordered to Pay $22,250 in Costs and Fees for FOIA Violations

Local news reports that the Prince William County Commonwealth’s Attorney’s Office has been ordered to pay more than $22,000 in costs and attorneys’ fees for FOIA violations. Read News Report!

Attribute the finding to the court and to the office rather than to the...

Court Filing in Habeas Case Preceded Roanoke Judge’s Absence From the Bench

Identify who made the allegation and in what filing, and drop the implied causal link between the filing and the absence.
Update with what has since been reported and resolved, or take the post down.
Read complete article on Roanoke.com

Court of Appeals Affirms Convictions in Hooper v. Commonwealth (Sept. 19, 2023)

Where appellant was convicted of involuntary manslaughter and felony hit and run, there was sufficient evidence that he operated a boat when it crashed into a bulkhead, resulting in his passenger’s death.

Read complete article on valawyersweekly.com

Federal Court Grants Habeas Relief and Vacates Client’s Murder Conviction

Name the court, case number, and date; habeas courts conditionally vacate rather than “overturn,” and a grant does not by itself compel release. Tim Carter and his wife were home alone when his wife locked herself in the bathroom threatening suicide, as she had done...

Professional Development Series by Jon Sheldon on Post-Conviction Habeas Relief

Watch Attorney Jon Sheldon give a lecture on Post-Conviction Habeas Relief for a Professional Development Series.

Attorney Sheldon Argues a Case of First Impression Before a Florida District Court of Appeal

Attorney Sheldon argued White v. State before the Florida District Court of Appeal on January 31, 2023. The issue for the Court was whether, in an armed robbery case, counsel’s deficient performance in failing to strike a juror who had herself been the...

Attorney Sheldon works with the creators of a podcast to examine corrupt acts in the Virginia Department of Forensic Science

DNA was a revolution for crime solving and for one mother, it could be the key to proving her son’s innocence. Her search led to a much larger story — one the podcast describes as involving scandal and secrecy. The podcast examines the work...

Absence of prejudice: Conviction secured by unlicensed prosecutor OK

A Fairfax circuit court has held that a criminal defendant cannot challenge his conviction where the prosecutor was not licensed to practice law in Virginia because the defendant failed to prove that his substantive rights were prejudiced.

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Courts Are Becoming More Willing To Question The Application Of Qualified Immunity For Police Officers

A sheriff’s deputy from Pulaski county was found to not have qualified immunity for mistakenly charging a woman with drug distribution. Qualified Immunity is a judicially created doctrine that gives certain government officials immunity from civil suits related to acts done in their job....

Long Overdue Reform Bill Moves Virginia Into The Majority Of States

For all of Virginia’s history, the Commonwealth has used jury sentencing in criminal trials. This use of jury sentencing in criminal trials appears to be nearing the end. With a vote in the House of Delegates on October 23, 2020, Virginia is finally poised...

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Sheldon & Flood, PLC

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