A few months ago, I wrote about the Virginia Supreme Court’s decision in Commonwealth v. Morris, limiting the procedural vehicles from which a defendant could launch a postconviction challenge under Padilla. This decision generated some controversy after lower court judges refused to abide by the Morris court’s ruling and continued to entertain Padilla claims raised in the rather esoteric motions that were at issue in Morris.
Thanks to the SCOTUS blog, we have learned that Morris has appealed this decision to the U.S. Supreme Court. The questions presented are as follows:
(1) Whether Padilla v. Kentucky applies retroactively to ineffective assistance of counsel claims raised on collateral review; and
(2) whether Virginia provides adequate postconviction remedies when petitioner and others similarly situated are precluded from vindicating violations of the right to effective assistance of counsel under Padilla.
Morris (the petitioner) is being represented by the law firm, Duane Morris. The petition can be accessed here. I will post Virginia’s response as it becomes available.