George, PolyFool
I guess we agree to disagree, and lets follow this case. But if I were the lawyer for his family. I am sure that civil proceedings would go badly against the state of Virginia and everyone involved. Basically following the trail of individuals that made the execution happen, which is the same as following the money in a drug investigation. So lets wait and see, but again my gut instincts tell me if he is exonerated there is criminal negligence implications. But again just my opinion. But the law is rather clear here .
I wanted to add this link:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+8.01-50+401862 Here is the text:
§ 8.01-50. Action for death by wrongful act; how and when to be brought.
A.
Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation (states are incorporated entities), or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam,
notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony. B. Every such action under this section shall be brought by and in the name of the personal representative of such deceased person within the time limits specified in § 8.01-244.
C. If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within thirty days from the death of the infant, administration shall be granted as in other cases.
(Code 1950, § 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115.)
One more thing on this is the time limit:
Link:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+8.01-244+500786 § 8.01-244. Actions for wrongful death; limitation.
A. Notwithstanding the provisions of § 8.01-229 B, if a person entitled to bring an action for personal injury dies as a result of such injury with no such action pending before the expiration of two years next after the cause of action shall have accrued, then an action under § 8.01-50 may be commenced within the time limits specified in subsection B of this section.
B. Every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person. If any such action is brought within such period of two years after such person's death and for any cause abates or is dismissed without determining the merits of such action, the time such action is pending shall not be counted as any part of such period of two years and another action may be brought within the remaining period of such two years as if such former action had not been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant to § 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal pursuant to this subsection, and the provisions of subdivision E 3 of § 8.01-229 shall apply to such a nonsuited action.
(Code 1950, §§ 8-633, 8-634; 1958, c. 470; 1977, c. 617; 1991, c. 722.)
The way it reads, and the other referenced code subsections, its 2 years to impose actions upon the indentification of the wrongful death. So the time limit starts the moment the exoneration is identified.
Thanks for the debate and lets see what happens.
Regards