Appeals Granted

Case

COMMONWEALTH OF VIRGINIA v. MARLON BORJA BARRERA
(Record Number 130772)

From

The Circuit Court of Prince William County; C. Johnston, Judge.

Counsel

Katherine Quinlan Adelfio (Office of the Attorney General) for appellant.

Alfred L. Robertson, Jr. (Robertson Law Office, PLLC) for appellee.

Assignments of Error

1. The circuit court erred in finding it had jurisdiction to consider the habeas corpus petition challenging the convictions in Case Nos. GC10-9050 and CG10-11082 when the petitioner was no longer in state custody as a result of those convictions.

4. The circuit court erred in refusing to consider the strength of the Commonwealth's case in determining whether there was a reasonable probability Barrera would have gone to trial had he been properly advised.

5. The circuit court erred in holding there was a reasonable probability the petitioner would have gone to trial in Case No. GC11-2407 had he been properly advised when the Commonwealth's evidence against him was overwhelming, the petitioner did not show he had any defenses to the charge, and had he been convicted of the original marijuana charge, he would be equally removable and ineligible for cancellation.

Date Granted

  09-16-2013