I
InnocentKevin
Guest
What is the name of your state? Virginia
I was convicted of a Felony by a jury and sentenced to 18 months in prison. During my direct appeal, the Government lied about a critical fact (actually took a position contrary to that admitted by the local prosecutor). We did not notice the lie until after the direct appeal was completed, and I lost. The Court of Appeals actually stated the false fact as a keystone for upholding the conviction.
I then filed a Pro Se Petition for a Writ of Habeas Corpus in the County's circuit court. Shortly thereafter, I was released after serving my complete sentence.
My questions: is the petition moot since I am now released? If so, doesn't that mean only convicts with long sentences have habeas protection? And, if the petition is still valid, how long should it take for the circuit court to consider the request. It has already been 6 months and I've heard nothing.
Thanks for any advice!
I was convicted of a Felony by a jury and sentenced to 18 months in prison. During my direct appeal, the Government lied about a critical fact (actually took a position contrary to that admitted by the local prosecutor). We did not notice the lie until after the direct appeal was completed, and I lost. The Court of Appeals actually stated the false fact as a keystone for upholding the conviction.
I then filed a Pro Se Petition for a Writ of Habeas Corpus in the County's circuit court. Shortly thereafter, I was released after serving my complete sentence.
My questions: is the petition moot since I am now released? If so, doesn't that mean only convicts with long sentences have habeas protection? And, if the petition is still valid, how long should it take for the circuit court to consider the request. It has already been 6 months and I've heard nothing.
Thanks for any advice!
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