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21-Day Rule Developments
Virginia's 21- Day Rule and the General Assembly's refusal to repeal it
remains a sham of Virginia's justice system. Many legislator's believe
that the death penalty reforms of the 2001 session did away with the 21-
Day Rule. This is completely false. The bill passed only deals with
DNA and other biological evidence. And the bill sets standards so high
for the defense that it makes it difficult to reach those standards. Even
Sen. Stolle, when arguing the bill in front of the House Courts of Justice
Committee, could not refute claims that his bill would not have necessarilly
allowed Earl Washington to have the DNA tested in his case. The fact is
that very few death penalty cases involve DNA. And the fact is that
out of the more than 100 people who have been exonerated after being sentenced
to death, only 10% were saved as a result of DNA.
***November 2002 - Va.
Supreme Court Reconsiders 21-Day Rule***
The 21-Day Rule (Capital Case Bill of Review) in the 2001 General
Assembly
This session finds Del. Jim Almand reintroducing the Capital Case Bill
of Review, HB2345,
as well as Sen. Henry Marsh introducing a companion bill, SB1134
in the Senate.
October 2000 Supreme
Court Proposes Change to '21-Day Rule' in Capital Cases from
Virginia Lawyers Weekly
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