Richardson v. Virginia

Brief of the Virginia Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, and the Innocence Project as Amici Curiae in Support of Terrence Jerome Richardson

Brief filed: 04/19/2023


Richardson v. Virginia

Supreme Court of Virginia; Case No. 220499


The decision from the Court of Appeals puts all future innocence cases in jeopardy. The Court of Appeals erroneously concluded that the defense could have found the hidden evidence, that defense counsel was not diligent, that an evidentiary hearing was unnecessary, and that a rational trier of fact would have convicted Mr. Richardson. Also, the Commonwealth should be bound by its initial, detailed response that Mr. Richardson was entitled to the writ or, if necessary, an evidentiary hearing.


David B. Hargett, Esq., Hargett Law, PLC, Glen Allen, VA; David B. Smith, NACDL, Alexandria, VA

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