A few weeks ago I wrote about the Supreme Court of Virginia removing a defendant’s right to challenge their conviction via the writ of error coram vobis. The case involved two separate petitioners, both challenging their convictions based on ineffective assistance of counsel/Padilla. My friend Rob Roberston had a case pending in a lower court in Virginia and thought for sure relief would be denied. He was shocked and awed when the Judge refused to restrict the right to present a legitimate challenge to a Constitutional violation. That decision came out on Tuesday. Yesterday, another judge in another county did, in fact, deny relief based on the Virginia supreme court ruling. I say keep on fighting until we can’t fight them anymore. Here is the decision in Rob’s case.
