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Home / Opinion Digests / Criminal Law / Nonsuit for writ of actual innocence denied (access required)

Nonsuit for writ of actual innocence denied (access required)

Petitioner’s motion for nonsuit of his writ of actual innocence is denied because such writs are criminal matters to which the nonsuit statute does not apply. Further, the writ, based on results from DNA testing, will be dismissed. The test was performed by a private laboratory and, under In re: Brown, 295 Va. 202, 225 (2018), ...