8.01-654.1 - Limitation on consideration of petition filed by prisoner sentenced to death. - Virginia Statutes

§ 8.01-654.1. Limitation on consideration of petition filed by prisonersentenced to death.

No petition for a writ of habeas corpus filed by a prisoner held under asentence of death shall be considered unless it is filed within sixty daysafter the earliest of: (i) denial by the United States Supreme Court of apetition for a writ of certiorari to the judgment of the Supreme Court ofVirginia on direct appeal, (ii) a decision by the United States Supreme Courtaffirming imposition of the sentence of death when such decision is in a caseresulting from a granted writ of certiorari to the judgment of the SupremeCourt of Virginia on direct appeal, or (iii) the expiration of the period forfiling a timely petition for certiorari without a petition being filed.

However, notwithstanding the time restrictions otherwise applicable to thefiling of a petition for a writ of habeas corpus, an indigent prisoner mayfile such a petition within 120 days following appointment, made under §19.2-163.7, of counsel to represent him.

(1995, c. 503; 1998, c. 199.)