Habeas Petition Not ‘Filed’ Without Payment

By Deborah Elkins
Published: January 19, 2012

Tags: Criminal, Justice Elizabeth A. McClanahan, Supreme Court of Virginia

A habeas petition was not completely filed until petitioner paid the filing fee, and the Virginia Supreme Court affirms the circuit court’s dismissal of the petition when the filing fee was paid days beyond the limitations period. The last day for appellant to file his habeas petition was Dec. 29, 2008. He submitted his petition to ...

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