Virginia forbids the introduction of any new evidence...

Virginia forbids the introduction of any new evidence after 21 days from the trial. Defendants with claims of innocence have often been rebuffed by this rule and Virginia has not freed any death row inmates since the death penalty was reinstated. Some probably innocent defendants have had their death sentences reduced to life through the commutation process. A recent study found that 40% of capital convictions are overturned nationwide. The Virginia rate is 7%. Those figures might prompt pride if they proved that justice is meted out with 5 to 6 times more accuracy in Virginia than in the nation as a whole. Unfortunately, it's much easier to support a different conclusion. The playing field is tilted to the advantage of prosecutors. Guilt or innocence aside, challenging a capital conviction is much tougher in Virginia than in perhaps any other state. A primary reason is the 21-day rule. A bill to modify it, proposed by Del. James F. Almand, D-Arlington, would have allowed a court to look at new evidence in capital cases up to 60 days prior to a scheduled execution, but it was defeated by a 46-54 vote in the House of Delegates on February 10.