Ramdass v. Angelone, 530 U.S. 156, 20 (2000)

Page:   Index   Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Cite as: 530 U. S. 156 (2000)

Opinion of Kennedy, J.

The motion to set aside may be filed and resolved before judgment is entered, e. g., Walker, supra, at 291, 356 S. E. 2d, at 856, and trial courts may conduct hearings or allow evidence to be introduced on these motions. Postverdict motions may be granted despite the denial of a motion to strike the evidence made during trial, e. g., Gorham, supra, at 674, 426 S. E. 2d, at 494, or after denial of a pretrial motion to dismiss, Cullen, supra, at 184, 409 S. E. 2d, at 488. Federal judges familiar with Virginia practice have held that postverdict motions give a defendant a full and fair opportunity to raise claims of trial error, DiPaola v. Riddle, 581 F. 2d 1111, 1113 (CA4 1978). In contexts beyond the three-strikes statute, Virginia courts have held that the possibility of postverdict relief renders a jury verdict uncertain and unreliable until judgment is entered. E. g., Dowell v. Commonwealth, 12 Va. App. 1145, 408 S. E. 2d 263, 265 (1991); see also Smith v. Commonwealth, 134 Va. 589, 113 S. E. 707 (1922); Blair v. Commonwealth, 66 Va. 850, 858, 861 (1874) (availability of postverdict motions means it is at the defend-ant's option whether to "let judgment be entered in regular order"). In one recent case, the Virginia Court of Appeals relied on Rule 3A:15 to hold, contrary to petitioner's contention here, that it is an "incorrect statement of the law" to say that the trial court has no concern with the proceedings after the jury's verdict. Davis v. Commonwealth, No. 2960-98-2, 2000 WL 135148, *4, n. 1 (Va. App., Feb. 8, 2000) (unpublished).

The time for Ramdass to file a motion to set aside the Domino's verdict had not expired when the jury was deliberating on the sentence for Kayani's murder; and he concedes he could have filed postverdict motions. The Domino's case was pending in a different county from the Kayani murder trial and the record contains no indication that Ramdass' counsel advised the judge in the Kayani case that he would not pursue postverdict relief in the Domino's case. The Virginia Supreme Court was reasonable to reject a parole-

175

Page:   Index   Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: October 4, 2007