THE JEFFREY SHORTAL CASE
Have you ever thought about committing a crime?
Jeffrey Shortal is currently suffering an unjust sentencing despite NEVER having committed a legitimate crime that led to his incarceration. In fact, the sentence he received should have never been handed down. And yet, because he and some so-called friends discussed robbing a bank, he is now serving what essentially amounts to a life sentence! Read his story below:
DENIAL OF THE HABEAS CORPUS APPEAL
Mr. Shortal hired attorney James Broccoletti to file the appeal of the Habeas Corpus denial. In an affidavit dated January 27,2016, Broccoletti, states: “It is my professional opinion that Mr. Shortal had an excellent chance of succeeding on appeal”. Unfortunately, Broccoletti failed to properly file the appeal in a timely manner. This was despite the fact, as he himself noted, he was “hired for the appeal with more than sufficient time to get it filed”. This meant that Jeffrey was stuck with convictions and a twenty-six year sentence that he did not deserve. Broccoletti further states that had he filed the appeal, Mr.Shortal’s conviction and sentence “would likely have been overturned on appeal and new trial ordered”.
Attorney Armstrong writes “the punishment for these failures by legal counsel falls almost entirely on the shoulders of the accused and Mr. Shortal has indeed paid not only for his own mistakes, but for those of Mr. Sheffield and Mr. Broccoletti.
Also to be noted is the fact that the jury was not informed at the time of sentencing that Jeffrey Shortal would not be eligible for parole and according to information received from Secretary Moran’s office, Jeffrey Shortal is not Fishback eligible. Subsequently, Jeffrey was advised by his prison counselor that he is not eligible for Fishback until 2059!
As a result of the attorney’s failings noted above, Jeffrey made an impulsive decision following a temporary mental breakdown that led to an additional fifty-eight and a half (58.5) years sentence. The circumstances leading to the impulsive decision will refer you to a letter written by attorney Claire Cardwell, who represented Jeffrey in that matter.
During his time in the DOC system, Jeffrey Shortal has completed numerous courses to gain job skills and personal development. At the Sussex facility he was appointed and served as a counselor and adviser to the other inmates.
INEFFECTIVENESS OF THE ATTORNEY
Attorney Jeffrey Zimmerman in his 2016 Virginia Petition for Conditional Pardon, describes this as “rare and exceptional case” “rife with errors” and based on “extraordinary circumstances and irregularities” in which Mr. Shortal “was grossly over sentenced for his conduct”. He states further that from the outset of the trial, Jeffrey Shortal received far less than due process and at trial,defense counsel James Sheffield was grossly ineffective at representing Mr.Shortal including constructively and actually abandoning Mr. Shortal at sentencing.
Following a jury trial which commenced on December 15,1999, Mr. Shortal received a sentence of twenty-six (26) years for CONSPIRACY to rob a bank. On June 29,2000 the Court of Appeals noted trial counsel’s deficiencies even though it denied relief. Due to the gross ineffectiveness of trial counsel, Jeffrey’s case was taken up by the Pro Bono Adjudication Project of the University of Virginia in conjunction with attorney Richard Armstrong. A Petition of Habeus Corpus was filed.
The petition was DENIED by trial court. It should be noted here that contrary to Rule 3A:8(c) of the Rules of the Supreme Court of Virginia, Judge Tidey failed to recuse himself from the trial after having been involved in the guilty plea. Judge Tidey also ruled on the Petition of Habeus Corpus mentioned above. As noted in the petition for Pardon, this alone renders Judge Tidey’s court with no jurisdiction in the case.
Petition for Pardon in 2025
After five years of waiting for the pardon petition filed in 2016, it was denied and he was not able to reapply for a new petition until 2024.
Jeffrey Shortal was recently transferred to a lower level facility (Level 4)and is having a new petition prepared to submit in 2025. Please consider writing a letter in support of his petition for pardon!