§ 8.01-654. When and by whom writ granted; what petition to contain.
A. 1. The writ of habeas corpus ad subjiciendum shall be granted forthwith bythe Supreme Court or any circuit court, to any person who shall apply for thesame by petition, showing by affidavits or other evidence probable cause tobelieve that he is detained without lawful authority.
2. A petition for writ of habeas corpus ad subjiciendum, other than apetition challenging a criminal conviction or sentence, shall be broughtwithin one year after the cause of action accrues. A habeas corpus petitionattacking a criminal conviction or sentence, except as provided in §8.01-654.1 for cases in which a death sentence has been imposed, shall befiled within two years from the date of final judgment in the trial court orwithin one year from either final disposition of the direct appeal in statecourt or the time for filing such appeal has expired, whichever is later.
B. 1. With respect to any such petition filed by a petitioner held undercriminal process, and subject to the provisions of subsection C of thissection and of § 17.1-310, only the circuit court which entered the originaljudgment order of conviction or convictions complained of in the petitionshall have authority to issue writs of habeas corpus. If a district courtentered the original judgment order of conviction or convictions complainedof in the petition, only the circuit court for the city or county wherein thedistrict court sits shall have authority to issue writs of habeas corpus.Hearings on such petition, where granted in the circuit court, may be held atany circuit court within the same circuit as the circuit court in which thepetition was filed, as designated by the judge thereof.
2. Such petition shall contain all allegations the facts of which are knownto petitioner at the time of filing and such petition shall enumerate allprevious applications and their disposition. No writ shall be granted on thebasis of any allegation the facts of which petitioner had knowledge at thetime of filing any previous petition. The provisions of this section shallnot apply to a petitioner's first petition for a writ of habeas corpus whenthe sole allegation of such petition is that the petitioner was deprived ofthe right to pursue an appeal from a final judgment of conviction orprobation revocation, except that such petition shall contain all factspertinent to the denial of appeal that are known to the petitioner at thetime of the filing, and such petition shall certify that the petitioner hasfiled no prior habeas corpus petitions attacking the conviction or probationrevocation.
3. Such petition may allege detention without lawful authority throughchallenge to a conviction, although the sentence imposed for such convictionis suspended or is to be served subsequently to the sentence currently beingserved by petitioner.
4. In the event the allegations of illegality of the petitioner's detentioncan be fully determined on the basis of recorded matters, the court may makeits determination whether such writ should issue on the basis of the record.
5. The court shall give findings of fact and conclusions of law following adetermination on the record or after hearing, to be made a part of the recordand transcribed.
6. If petitioner alleges as a ground for illegality of his detention theinadequacy of counsel, he shall be deemed to waive his privilege with respectto communications between such counsel and himself to the extent necessary topermit a full and fair hearing for the alleged ground.
C. 1. With respect to any such petition filed by a petitioner held under thesentence of death, and subject to the provisions of this subsection, theSupreme Court shall have exclusive jurisdiction to consider and award writsof habeas corpus. The circuit court which entered the judgment order settingthe sentence of death shall have authority to conduct an evidentiary hearingon such a petition only if directed to do so by order of the Supreme Court.
2. Hearings conducted in a circuit court pursuant to an order issued underthe provisions of subdivision 1 of this subsection shall be limited insubject matter to the issues enumerated in the order.
3. The circuit court shall conduct such a hearing within 90 days after theorder of the Supreme Court has been received and shall report its findings offact and recommend conclusions of law to the Supreme Court within 60 daysafter the conclusion of the hearing. Any objection to the report of thecircuit court must be filed in the Supreme Court within 30 days after thereport is filed.
(Code 1950, § 8-596; 1958, c. 215; 1968, c. 487; 1977, c. 617; 1978, c. 124;1995, c. 503; 1998, c. 577; 2005, c. 836.)
§ 8.01-654. When and by whom writ granted; what petition to contain.
A. 1. The writ of habeas corpus ad subjiciendum shall be granted forthwith bythe Supreme Court or any circuit court, to any person who shall apply for thesame by petition, showing by affidavits or other evidence probable cause tobelieve that he is detained without lawful authority.
2. A petition for writ of habeas corpus ad subjiciendum, other than apetition challenging a criminal conviction or sentence, shall be broughtwithin one year after the cause of action accrues. A habeas corpus petitionattacking a criminal conviction or sentence, except as provided in §8.01-654.1 for cases in which a death sentence has been imposed, shall befiled within two years from the date of final judgment in the trial court orwithin one year from either final disposition of the direct appeal in statecourt or the time for filing such appeal has expired, whichever is later.
B. 1. With respect to any such petition filed by a petitioner held undercriminal process, and subject to the provisions of subsection C of thissection and of § 17.1-310, only the circuit court which entered the originaljudgment order of conviction or convictions complained of in the petitionshall have authority to issue writs of habeas corpus. If a district courtentered the original judgment order of conviction or convictions complainedof in the petition, only the circuit court for the city or county wherein thedistrict court sits shall have authority to issue writs of habeas corpus.Hearings on such petition, where granted in the circuit court, may be held atany circuit court within the same circuit as the circuit court in which thepetition was filed, as designated by the judge thereof.
2. Such petition shall contain all allegations the facts of which are knownto petitioner at the time of filing and such petition shall enumerate allprevious applications and their disposition. No writ shall be granted on thebasis of any allegation the facts of which petitioner had knowledge at thetime of filing any previous petition. The provisions of this section shallnot apply to a petitioner's first petition for a writ of habeas corpus whenthe sole allegation of such petition is that the petitioner was deprived ofthe right to pursue an appeal from a final judgment of conviction orprobation revocation, except that such petition shall contain all factspertinent to the denial of appeal that are known to the petitioner at thetime of the filing, and such petition shall certify that the petitioner hasfiled no prior habeas corpus petitions attacking the conviction or probationrevocation.
3. Such petition may allege detention without lawful authority throughchallenge to a conviction, although the sentence imposed for such convictionis suspended or is to be served subsequently to the sentence currently beingserved by petitioner.
4. In the event the allegations of illegality of the petitioner's detentioncan be fully determined on the basis of recorded matters, the court may makeits determination whether such writ should issue on the basis of the record.
5. The court shall give findings of fact and conclusions of law following adetermination on the record or after hearing, to be made a part of the recordand transcribed.
6. If petitioner alleges as a ground for illegality of his detention theinadequacy of counsel, he shall be deemed to waive his privilege with respectto communications between such counsel and himself to the extent necessary topermit a full and fair hearing for the alleged ground.
C. 1. With respect to any such petition filed by a petitioner held under thesentence of death, and subject to the provisions of this subsection, theSupreme Court shall have exclusive jurisdiction to consider and award writsof habeas corpus. The circuit court which entered the judgment order settingthe sentence of death shall have authority to conduct an evidentiary hearingon such a petition only if directed to do so by order of the Supreme Court.
2. Hearings conducted in a circuit court pursuant to an order issued underthe provisions of subdivision 1 of this subsection shall be limited insubject matter to the issues enumerated in the order.
3. The circuit court shall conduct such a hearing within 90 days after theorder of the Supreme Court has been received and shall report its findings offact and recommend conclusions of law to the Supreme Court within 60 daysafter the conclusion of the hearing. Any objection to the report of thecircuit court must be filed in the Supreme Court within 30 days after thereport is filed.
(Code 1950, § 8-596; 1958, c. 215; 1968, c. 487; 1977, c. 617; 1978, c. 124;1995, c. 503; 1998, c. 577; 2005, c. 836.)
§ 8.01-654. When and by whom writ granted; what petition to contain.
A. 1. The writ of habeas corpus ad subjiciendum shall be granted forthwith bythe Supreme Court or any circuit court, to any person who shall apply for thesame by petition, showing by affidavits or other evidence probable cause tobelieve that he is detained without lawful authority.
2. A petition for writ of habeas corpus ad subjiciendum, other than apetition challenging a criminal conviction or sentence, shall be broughtwithin one year after the cause of action accrues. A habeas corpus petitionattacking a criminal conviction or sentence, except as provided in §8.01-654.1 for cases in which a death sentence has been imposed, shall befiled within two years from the date of final judgment in the trial court orwithin one year from either final disposition of the direct appeal in statecourt or the time for filing such appeal has expired, whichever is later.
B. 1. With respect to any such petition filed by a petitioner held undercriminal process, and subject to the provisions of subsection C of thissection and of § 17.1-310, only the circuit court which entered the originaljudgment order of conviction or convictions complained of in the petitionshall have authority to issue writs of habeas corpus. If a district courtentered the original judgment order of conviction or convictions complainedof in the petition, only the circuit court for the city or county wherein thedistrict court sits shall have authority to issue writs of habeas corpus.Hearings on such petition, where granted in the circuit court, may be held atany circuit court within the same circuit as the circuit court in which thepetition was filed, as designated by the judge thereof.
2. Such petition shall contain all allegations the facts of which are knownto petitioner at the time of filing and such petition shall enumerate allprevious applications and their disposition. No writ shall be granted on thebasis of any allegation the facts of which petitioner had knowledge at thetime of filing any previous petition. The provisions of this section shallnot apply to a petitioner's first petition for a writ of habeas corpus whenthe sole allegation of such petition is that the petitioner was deprived ofthe right to pursue an appeal from a final judgment of conviction orprobation revocation, except that such petition shall contain all factspertinent to the denial of appeal that are known to the petitioner at thetime of the filing, and such petition shall certify that the petitioner hasfiled no prior habeas corpus petitions attacking the conviction or probationrevocation.
3. Such petition may allege detention without lawful authority throughchallenge to a conviction, although the sentence imposed for such convictionis suspended or is to be served subsequently to the sentence currently beingserved by petitioner.
4. In the event the allegations of illegality of the petitioner's detentioncan be fully determined on the basis of recorded matters, the court may makeits determination whether such writ should issue on the basis of the record.
5. The court shall give findings of fact and conclusions of law following adetermination on the record or after hearing, to be made a part of the recordand transcribed.
6. If petitioner alleges as a ground for illegality of his detention theinadequacy of counsel, he shall be deemed to waive his privilege with respectto communications between such counsel and himself to the extent necessary topermit a full and fair hearing for the alleged ground.
C. 1. With respect to any such petition filed by a petitioner held under thesentence of death, and subject to the provisions of this subsection, theSupreme Court shall have exclusive jurisdiction to consider and award writsof habeas corpus. The circuit court which entered the judgment order settingthe sentence of death shall have authority to conduct an evidentiary hearingon such a petition only if directed to do so by order of the Supreme Court.
2. Hearings conducted in a circuit court pursuant to an order issued underthe provisions of subdivision 1 of this subsection shall be limited insubject matter to the issues enumerated in the order.
3. The circuit court shall conduct such a hearing within 90 days after theorder of the Supreme Court has been received and shall report its findings offact and recommend conclusions of law to the Supreme Court within 60 daysafter the conclusion of the hearing. Any objection to the report of thecircuit court must be filed in the Supreme Court within 30 days after thereport is filed.
(Code 1950, § 8-596; 1958, c. 215; 1968, c. 487; 1977, c. 617; 1978, c. 124;1995, c. 503; 1998, c. 577; 2005, c. 836.)
