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Home / Opinion Digests / Criminal – ‘Actual Innocence’ Writ – Certificate Of Analysis – ‘Firearm’ Definition (access required)

Criminal – ‘Actual Innocence’ Writ – Certificate Of Analysis – ‘Firearm’ Definition (access required)

The Court of Appeals grants a writ of actual innocence and vacates a defendant’s conviction of firearm possession as a convicted felon, because an after-discovered certificate of the Department of Forensic Science demonstrated that the item tested was not a “firearm” under Va. Code § 18.2-308.2(A). We conclude the unique circumstances of this case make it ...