Appeals Court Can Decide ‘Actual Innocence’

By Deborah Elkins
Published: January 19, 2012

Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

In reviewing this petition for a writ of actual innocence based on non-biological evidence, the Court of Appeals did not abuse its discretion by making evidentiary findings and dismissing the petition without first referring the case to the circuit court for an evidentiary hearing, and the Supreme Court of Virginia affirms the dismissal of this ...

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