State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-19-2 > 19-2-327-2

§ 19.2-327.2. Issuance of writ of actual innocence based on biologicalevidence.

Notwithstanding any other provision of law or rule of court, upon a petitionof a person who was convicted of a felony upon a plea of not guilty, or forany person, regardless of the plea, sentenced to death, or convicted of (i) aClass 1 felony, (ii) a Class 2 felony or (iii) any felony for which themaximum penalty is imprisonment for life, the Supreme Court shall have theauthority to issue writs of actual innocence under this chapter. The writshall lie to the circuit court that entered the felony conviction; and thatcourt shall have the authority to conduct hearings, as provided for in §19.2-327.5, on such a petition as directed by order from the Supreme Court.

(2001, cc. 873, 874; 2009, cc. 139, 320.)

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-19-2 > 19-2-327-2

§ 19.2-327.2. Issuance of writ of actual innocence based on biologicalevidence.

Notwithstanding any other provision of law or rule of court, upon a petitionof a person who was convicted of a felony upon a plea of not guilty, or forany person, regardless of the plea, sentenced to death, or convicted of (i) aClass 1 felony, (ii) a Class 2 felony or (iii) any felony for which themaximum penalty is imprisonment for life, the Supreme Court shall have theauthority to issue writs of actual innocence under this chapter. The writshall lie to the circuit court that entered the felony conviction; and thatcourt shall have the authority to conduct hearings, as provided for in §19.2-327.5, on such a petition as directed by order from the Supreme Court.

(2001, cc. 873, 874; 2009, cc. 139, 320.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-19-2 > 19-2-327-2

§ 19.2-327.2. Issuance of writ of actual innocence based on biologicalevidence.

Notwithstanding any other provision of law or rule of court, upon a petitionof a person who was convicted of a felony upon a plea of not guilty, or forany person, regardless of the plea, sentenced to death, or convicted of (i) aClass 1 felony, (ii) a Class 2 felony or (iii) any felony for which themaximum penalty is imprisonment for life, the Supreme Court shall have theauthority to issue writs of actual innocence under this chapter. The writshall lie to the circuit court that entered the felony conviction; and thatcourt shall have the authority to conduct hearings, as provided for in §19.2-327.5, on such a petition as directed by order from the Supreme Court.

(2001, cc. 873, 874; 2009, cc. 139, 320.)