What is the standard of review for post-conviction relief?

In Virginia, post-conviction relief claims are reviewed under a standard called the "fairly debatable" standard. This means that if the judge finds that any reasonable lawyer could make a good faith argument for either side of the claim, then the judge must side with the defendant. If the judge evaluates the facts and the law in the case and concludes that one side is much stronger than the other, then they may deny relief to the defendant. The "fairly debatable" standard is based on the principal that everyone is entitled to his or her day in court. This is why the judge will not grant post-conviction relief to a defendant unless they can show that the claim is worthy of consideration. For instance, if a defendant raises a claim of ineffective assistance of counsel, the judge must consider whether counsel made a reasonable effort to represent the defendant. The judge must also evaluate the evidence presented in the case and determine if it was sufficient for a conviction. Additionally, post-conviction relief claims must be evaluated in light of laws that changed after the conviction. If a law changed after the conviction and would have impacted the outcome of the trial, the court must determine if it was fairly debatable that the law might have resulted in a different outcome. Overall, the "fairly debatable" standard for post-conviction relief allows for review of convictions that may have been unfair due to any reasonable arguments that could be made in favor of the defendant’s claims.

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What is the standard of review for post-conviction relief?

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