Important post by Loudoun Patriot last week:
Bravo to Commonwealths Attorney Jim Plowman and Chief Deputy James Fisher for their help seeing this issue through …
Yesterday’s unanimous decision by the Virginia Supreme Court was a huge win for the law-and-order crowd, firmly rejecting the defense’s argument that these cases be allowed to be reopened under the Padilla decision.
The gist of the problem is that criminals who are in the country illegally had been able to take advantage of a loophole whereby they had to be informed of the possibility of deportation before entering a plea. Even for cases decided years ago, defense attorneys have been able to get verdicts set aside and the cases set for new trial. This is in essence a rule of engagement for prosecutors that makes it harder to convict an illegal alien than a U.S. citizen, and one which has nothing to do with guilt or innocence. Thanks to Jim Plowman’s office for taking a strong stand against this miscarriage of justice, and thanks to the Virginia high court for closing the loophole.