Virginia Department of Corrections v. Crowley

In Virginia Department of Corrections v. Crowley, 227 Va. 254, 263, 316 S.E.2d 439, 443-44 (1984), the motion challenged orders entered after the judgment of conviction had become final. Thus, the focus of the challenge in Crowley was upon an order that was collateral to the final judgment of conviction and did not contest the validity of the final judgment of conviction. As the Supreme Court noted, analogizing the Crowley proceeding to a habeas corpus proceeding, a challenge to such a collateral order is "'in no sense a continuation of the criminal prosecution.'" 227 Va. at 262, 316 S.E.2d at 443.