Virginia Post Conviction

03/27/2025

The Commonwealth attorney unwisely asked for reconsideration. The judge denied the request and awarded an additional $5,800 in attorney's fees.

A judge on Thursday upheld a series of six Freedom of Information Act violations on the part of the office of Prince William County Commonwealth’s Attorney Amy Ashworth, resulting in upwards of $25,000 in penalties – a slight increase from the previously-announced sum.

03/20/2025

Mr. Sheldon was honored to represent Mr. Shirafkan and overturn his conviction in Fairfax circuit court, exonerating him for a decades long injustice. The exoneration led to Mr. Shirafkan being sworn in as a United States Citizen March 2025.

“He has shown you, O mortal, what is good. And what does the LORD require of you? To act justly and to love mercy and to walk humbly with your God.” Micah 6:8

03/20/2025

The prosecutor of Prince William County has been ordered to pay Mr. Sheldon $22,000 for violating the Freedom of Information Act.

Prince William County Commonwealth’s Attorney Amy Ashworth has been ordered to pay a $22,250 penalty after violating Virginia’s Freedom of Information Act, or FOIA, a law designed to ensure public access to government activities.

04/13/2023

Calvin Wayne Cunningham was exonerated by DNA evidence almost three decades after a wrongful r**e conviction.

03/31/2023

Attorney Sheldon won the release of client Tim Carter today. Carter was wrongly convicted of the murder of his wife in 2014. After 9 years in prison Judge Urbanski of the Federal District Court for the Western District of Virginia granted our habeas petition and Mr. Carter's release today.

02/14/2023

DNA was a revolution for crime solving and for one mother, it could be the key to proving her son’s innocence. Her journey leads to a much larger story – one full of scandals and secrets. What follows is an astounding series of events surrounding the work of one trailblazing forensic analyst, Mary Jane Burton. Attorney Sheldon worked with the creators of this podcast to uncover the truth.

Podcast · VPM & Story Mechanics · 13 wrongful convictions all tied to one forensic analyst. The analyst – Mary Jane Burton – was hailed as a hero for saving the DNA evidence that led to the exonerations. But when reporter Tessa Kramer starts investigating, she meets a former lab trainee with a...

12/09/2022

Virginia has allowed the use of dogs in courthouses to facilitate witness testimony for 4 years now, and is one of 19 states to allow them. These dogs have graduated from an accredited organization and are handled by a legal professional to assist individuals, mostly children, testifying in court. This can be done by joining them in the witness box or providing support before and after their testimony. Virginia is unique as it does not require the witness to be of a certain age, have a disability, or “show a need for the dog", though jurisdictions have the power to limit the dogs visibility to jurors and can emphasize to jurors that the dog is working professional and not a personal pet. However, one must wonder if simply having a dog in the courtroom can bias the jurors in favor of the witness it is supporting. Having the dog may be seen to imply that the witness has suffered, and could potentially add more credibility to their testimony. There are currently 11 working dogs in Virginia.

A unique Fairfax County Department of Family Services’ employee has some quirks. She loves broccoli and green beans. She won’t get into a car unless she’s picked up. And she wants nothing more than cuddles and belly rubs. Rylynn, a 3-year-old Labrador Golden Retriever mix, is the department’...

11/23/2022

Unfortunately the circuit court dismissed this case brought by the ACLU on behalf of inmates. This case, if successful, would allow for a broader group of inmates to earn "good time" credit for 15 of every 30 days served-- a dramatic increase from the current standard of 4.5 days. Mr. Sheldon has advised the ACLU on its strategy in this case. Click the link below to read more!

The case is one of two the Virginia ACLU is bringing against corrections officials over their interpretation of changes to sentencing reforms.

11/09/2022

Covid has greatly expanded attorneys' access to courthouses digital records, which has posed the question: Does the public have the same right to digital access as attorneys? Courthouse News Service, a nationwide news service that reports on civil cases across America. In order to do this, Courthouse News reporters have to travel to each Virginia circuit court to physically access court records. When denied digital access, they sued. The Eastern District of Virginia has ruled against their petition, despite the fact that Courthouse News and the public can still access these files in person. They cited citizens' right to privacy, security, as well as the efficiency of the justice system in the dismissal of the complaint. It is anticipated that Courthouse News Service will escalate their complaint, which may end remote access at some courts entirely.

The public does not have a First Amendment right to remotely access civil court records, even though attorneys can access the records and they are publicly available at the courthouse, the Eastern District of Virginia has ruled in a case of first impression. The plaintiff challenged two state statut...

10/26/2022

Do you know we have a website? Read about us, what we do, and testimonials from previous clients. Check it out by clicking the link below!

Jon Sheldon, Criminal Defense Attorney at Fairfax, VA Virginia Post-Conviction Firm handles criminal appeals and post-conviction cases.

10/21/2022

Va. Code § 8.01-397, or the "Dead Man’s Statute", is finally being clarified in a Virginia circuit court. The Dead Man's Statute allows hearsay statements of a deceased individual to be admitted, and then requires a survivor to corroborate with their own testimony. Virginia is the only state to have such a law. "Judge David A. Oblon of the Fairfax Circuit Court issued his decision in response to motions from various parties seeking to exclude testimony, clarify corroboration requirements and determine the bounds of the statute." However, even he notes that, “the lawyers in these several cases — all lawyers with tremendous experience — still disagree on how to apply the statute in practice.”. This clarification will affect several cases currently in active litigation, including one of medical malpractice, but with even Judge Oblon admitting to the confusion on this code, it is likely that it will continue to be a debated topic among attorneys.

In an opinion affecting several cases in active litigation, a circuit court has sought to clarify Va. Code § 8.01-397 — the “Dead Man’s Statute.” Virginia is the only state to have such a statute, which provides for the admission of hearsay from a decedent if it is relevant and corroborated...

10/18/2022

A lawsuit which argued that outdated districts in the Virginia House 2021 elections diluted Virginian's votes was thrown out earlier this year by the U.S. Circuit Court of Appeals for the Fourth Circuit. This lawsuit, if successful, would have mandated another election to be held this November with new districts. While new census data may have changed the districts, it came in too late to effectively implement in the 2021 elections. With this ruling, it is nearly certain that the delegates voted in last year will serve their full terms. Virginians are left to wonder when they will be able to vote for representatives in districts not grossly manipulated for political purposes.

The latest legal effort to force Virginia House of Delegates elections this year under new districts has been dismissed by a federal judge, all but assuring that state delegates will serve full two…