Practice Areas

Blog

Legal News

Library

Firm News

Virginia's 21-Day Rule Ignored by Hampton Judge: Frees Jailed Innocent Man

In many states, newly discovered evidence of innocence can be taken years later to the same court in which an inmate was convicted so his name can be cleared.

However, that is not the case here. The Rules of the Supreme Court of Virginia provide that in all cases -- civil and criminal -- a trial court has only 21 days after verdict or final order to amend or vacate its ruling. After that time, the court has no jurisdiction over the case. The purpose of the rule is to "finalize" cases rather than have the issues being re-opened after a time, and this rule has been strictly maintained.

While that may work well for civil cases in which only money is at risk, when a person's life or freedom is at stake, the 21-day rule can prove harsh. For instance, a person convicted of a crime may not be aware of evidence that could prove his innocence until after the 21-day period has expired. In such a case, most judges would be bound not to hear further evidence or re-open the case. But, there are rare exceptions.

On September 10, 2007, in Hampton Circuit Court, Judge Louis R. Lerner tossed out the 2001 robbery conviction of Teddy P. Thompson. Hampton Commonwealth's Attorney Linda D. Curtis said that once officials learned Thompson was innocent, it was important to get him out of prison. "We did what we did to get him out," she said.

Although Thompson recently received a $250,000 compensation from the General Assembly, he remains convicted of the crime. Conceivably, he could be returned to prison to serve the remainder of his sentence.

Read More About Virginia's 21-Day Rule Ignored by Hampton Judge: Frees Jailed Innocent Man...

back to top

Free Reports

Free Case Evaluation

FAQs