{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.10.html"}],"law_id":84885,"edition_id":1,"section_id":84885,"structure_id":13838,"section_number":"19.2-327.10","catch_line":"Issuance of writ of actual innocence based on nonbiological evidence","history":"2004, c. 1024; 2013, c. 170; 2020, cc. 993, 994.","full_text":"Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony, or the petition of a person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, the Court of Appeals shall have the authority to issue writs of actual innocence under this chapter. The writ shall lie to the circuit court that entered the conviction or the adjudication of delinquency and that court shall have the authority to conduct hearings, as provided for in this chapter, on such a petition as directed by order from the Court of Appeals. In accordance with \u00a7\u00a7 17.1-411 and 19.2-317, either party may appeal a final decision of the Court of Appeals to the Supreme Court of Virginia. Upon an appeal from the Court of Appeals, the Supreme Court of Virginia shall have the authority to issue writs in accordance with the provisions of this chapter.","order_by":null,"text":{"0":{"id":304123,"text":"Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony, or the petition of a person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, the Court of Appeals shall have the authority to issue writs of actual innocence under this chapter. The writ shall lie to the circuit court that entered the conviction or the adjudication of delinquency and that court shall have the authority to conduct hearings, as provided for in this chapter, on such a petition as directed by order from the Court of Appeals. In accordance with \u00a7\u00a7 17.1-411 and 19.2-317, either party may appeal a final decision of the Court of Appeals to the Supreme Court of Virginia. Upon an appeal from the Court of Appeals, the Supreme Court of Virginia shall have the authority to issue writs in accordance with the provisions of this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13838,"edition_id":1,"name":"Issuance of Writ of Actual Innocence Based on Nonbiological Evidence","identifier":"19.3","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:02","date_modified":"2026-06-26 03:46:02","permalink":{"id":169811,"object_type":"structure","relational_id":13838,"identifier":"19.3","token":"19.2\/19.3","url":"\/19.2\/19.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84885,"structure_id":13838,"section_number":"19.2-327.10","catch_line":"Issuance of writ of actual innocence based on nonbiological evidence","url":"\/19.2-327.10\/","token":"19.2\/19.3\/19.2-327.10","metadata":false},{"id":61792,"structure_id":13838,"section_number":"19.2-327.10:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.10_1\/","token":"19.2\/19.3\/19.2-327.10_1","metadata":false},{"id":80666,"structure_id":13838,"section_number":"19.2-327.11","catch_line":"Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence","url":"\/19.2-327.11\/","token":"19.2\/19.3\/19.2-327.11","metadata":false},{"id":54853,"structure_id":13838,"section_number":"19.2-327.12","catch_line":"Determination by Court of Appeals for findings of fact by the circuit court","url":"\/19.2-327.12\/","token":"19.2\/19.3\/19.2-327.12","metadata":false},{"id":82426,"structure_id":13838,"section_number":"19.2-327.13","catch_line":"Relief under writ","url":"\/19.2-327.13\/","token":"19.2\/19.3\/19.2-327.13","metadata":false},{"id":65147,"structure_id":13838,"section_number":"19.2-327.14","catch_line":"Claims of relief","url":"\/19.2-327.14\/","token":"19.2\/19.3\/19.2-327.14","metadata":false}],"next_section":{"id":61792,"structure_id":13838,"section_number":"19.2-327.10:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.10_1\/","token":"19.2\/19.3\/19.2-327.10_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.10\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 1024<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2013, chapter 170<\/a>; in 2020, chapters 993<\/a> and 994<\/a>.<\/p>","references":[{"id":61792,"section_number":"19.2-327.10:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","order_by":null,"url":"\/19.2-327.10_1\/"},{"id":78034,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","order_by":null,"url":"\/8.01-195.10\/"}],"refers_to":[{"id":61862,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/17.1-411\/"},{"id":67662,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","order_by":null,"url":"\/19.2-317\/"}],"permalink":{"id":169813,"object_type":"law","relational_id":84885,"identifier":"19.2-327.10","token":"19.2\/19.3\/19.2-327.10","url":"\/19.2-327.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.10\/","token":"19.2\/19.3\/19.2-327.10","dublin_core":{"Title":"Issuance of writ of actual innocence based on nonbiological evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any other provision of law<\/span> or rule of court<\/span>, upon a petition<\/span> of a person who was convicted of a felony<\/span>, or the petition<\/span> of a person who was adjudicated delinquent by a circuit<\/span> court<\/span> of an offense<\/span> that would be a felony<\/span> if committed by an adult, the Court<\/span> of Appeals<\/span> shall have the authority to issue<\/span> writs<\/span> of actual innocence under this chapter. The writ<\/span> shall lie to the circuit<\/span> court<\/span> that entered the conviction<\/span> or the adjudication of delinquency and that court<\/span> shall have the authority to conduct hearings<\/span>, as provided for in this chapter, on such a petition<\/span> as directed by order<\/span> from the Court<\/span> of Appeals<\/span>. In accordance with \u00a7\u00a7 17.1-411<\/a> and 19.2-317<\/a>, either party<\/span> may appeal<\/span> a final decision of the Court<\/span> of Appeals<\/span> to the Supreme Court<\/span> of Virginia. Upon an appeal<\/span> from the Court<\/span> of Appeals<\/span>, the Supreme Court<\/span> of Virginia shall have the authority to issue<\/span> writs<\/span> in accordance with the provisions of this chapter.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF WRIT OF ACTUAL INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE (\u00a7\n19.2-327.10)\n\nNotwithstanding any other provision of law or rule of court, upon a petition of\na person who was convicted of a felony, or the petition of a person who was\nadjudicated delinquent by a circuit court of an offense that would be a felony\nif committed by an adult, the Court of Appeals shall have the authority to issue\nwrits of actual innocence under this chapter. The writ shall lie to the circuit\ncourt that entered the conviction or the adjudication of delinquency and that\ncourt shall have the authority to conduct hearings, as provided for in this\nchapter, on such a petition as directed by order from the Court of Appeals. In\naccordance with \u00a7\u00a7 17.1-411 and 19.2-317, either party may appeal a final\ndecision of the Court of Appeals to the Supreme Court of Virginia. Upon an\nappeal from the Court of Appeals, the Supreme Court of Virginia shall have the\nauthority to issue writs in accordance with the provisions of this chapter.\n\nHISTORY: 2004, c. 1024; 2013, c. 170; 2020, cc. 993, 994.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}