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Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers Bedford City

Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers Bedford City

MELON V. DIRECTOR OF THE VIRGINIA CENTER FOR BEHAVIORAL REHABILITATION
Facts:

Petitioner was convicted of sexual offenses. He was later paroled. Next, he was convicted of another sexual offense. His parole was revoked. He was then returned to the state department of corrections. Shortly before he was to be released, it was learned that he qualified for consideration under Virginia’s Sexually Violent Predators Act, Va. Code Ann. § 37.2-900 et seq. The trial court did not manage to hold a probable cause hearing until after he was released from prison. It then ruled that there was probable cause to believe he was a sexually violent predator. Petitioner filed a petition for writ of habeas corpus against respondent rehabilitation director to challenge whether petitioner received ineffective assistance of counsel when his trial counsel failed to timely file trial transcripts related to the trial court’s finding that petitioner was a sexually violent predator, which caused the state supreme court to dismiss petitioner’s appeal of that ruling.

Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers Bedford City

Sexual Offenses Virginia Probable Cause Rehabilitation Lawyers

Issue:
  • Whether petitioner, who was committed to an institution pursuant to Virginia’s Sexually Violent Predators Act, is entitled to effective assistance of counsel during the appeal of the civil commitment judgment?
Discussion:

The trial court finds he was a sexually violent predator and ordered that he be placed in the custody of the commissioner of mental health services. He filed a notice of appeal, but his trial court counsel failed to timely file trial transcripts. As a result, the state supreme court dismissed his appeal. He then filed a petition for a writ of habeas corpus. The state supreme court found that he was entitled to file such a petition for a writ of habeas corpus in the state supreme court, that he received ineffective assistance of counsel, and that as a result, he was entitled to file a belated appeal. The state Supreme Court granted the petition for writ of habeas corpus, found that petitioner had shown he was denied ineffective assistance of counsel, and should be granted a belated appeal of the ruling that found him to be a sexually violent predator.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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