SOERING v. THE UNITED KINGDOM JUDGMENT
16
There has apparently been only one case since 1977 where the Virginia
Supreme Court has itself reduced a death sentence to life imprisonment.
53. The prisoner may apply to the United States Supreme Court for
certiorari review of the decision of the Supreme Court of Virginia. If
unsuccessful, he may begin collateral attacks upon the conviction and
sentence in habeas corpus proceedings in both State and Federal courts.
The prisoner may file a habeas corpus petition either in the Supreme
Court of Virginia or in the trial court, with appeal to the Supreme Court of
Virginia. Thereafter he may once more apply to the United States Supreme
Court for certiorari review of the State’s habeas corpus decision.
He may then file a petition for a writ of habeas corpus in the Federal
District Court. The decision of the District Court may be appealed to the
Federal Circuit Court of Appeals, followed, if no relief is obtained, by a
petition for certiorari review in the United States Supreme Court.
At each stage of his collateral attacks, the prisoner may seek a stay of
execution pending final determination of his applications.
54. The Virginia and Federal statutes and rules of court set time-limits
for the presentation of appeals following conviction or appeals against the
decisions in habeas corpus proceedings. There are, however, no time-limits
for filing the initial State and Federal habeas corpus petitions.
55. The grounds which may be presented and argued on appeal and in
habeas corpus proceedings are restricted by the "contemporaneous
objections rule" to those which have been raised in the course of the trial
(see Rule 5.25 of the Rules of the Supreme Court of Virginia). The rule is
based on the principle that the trial itself is the "main event", so that the real
issues between the parties should be canvassed and determined at the trial
and not on appeal or in any subsequent review proceedings. It was adopted
to prevent the setting of traps for trial courts (Keeney v. Commonwealth,
147 Va. 678, 137 South Eastern Reporter (S.E.) 478 (1927)), and so that the
trial judge will be given the opportunity to rule upon the issues intelligently
and unnecessary appeals, reversals and mistrials will be avoided (Woodson
v. Commonwealth, 211 Va. 285, 176 S.E.2d 818 (1970), certiorari denied,
401 U.S. 959 (1971)). The rule applies equally in capital cases and is
recognised by the Federal courts (see Briley v. Bass, 584 Federal
Supplement (F. Supp.) 807 (Eastern District Virginia), aff’d, 742 F.2d 155
(4th Circuit 1984)).
By way of exception to the rule, errors to which no objections were made
at the trial may be objected to on appeal where this is necessary to attain the
ends of justice or where good cause is shown. This exception has been
applied by the Supreme Court of Virginia to overturn a capital murder
conviction (Ball v. Commonwealth, 221 Va. 754, 273 S.E.2d 790 (1981)).
In death penalty cases, the proportionality of the sentence and the issue of
whether the sentence was imposed under the influence of passion, prejudice