{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.11.html"}],"law_id":80666,"edition_id":1,"section_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","history":"2004, c. 1024; 2013, cc. 170, 180; 2020, cc. 993, 994; 2021, Sp. Sess. I, cc. 344, 345; 2022, c. 625; 2023, c. 719.","full_text":"A\n\nThe petitioner shall allege categorically and with specificity, under oath, all of the following: (i) the crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or the offense for which he was adjudicated delinquent; (iii) an exact description of (a) the previously unknown or unavailable evidence supporting the allegation of innocence or (b) the previously untested evidence and the scientific testing supporting the allegation of innocence; (iv)(a) that such evidence was previously unknown or unavailable to the petitioner or his trial attorney of record at the time the conviction or adjudication of delinquency became final in the circuit court or (b) if known, the reason that the evidence was not subject to scientific testing set forth in the petition; (v) the date (a) the previously unknown or unavailable evidence became known or available to the petitioner and the circumstances under which it was discovered or (b) the results of the scientific testing of previously untested evidence became known to the petitioner or any attorney of record; (vi)(a) that the previously unknown or unavailable evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the time the conviction or adjudication of delinquency became final in the circuit court or (b) that the testing procedure was not available at the time the conviction or adjudication of delinquency became final in the circuit court; (vii) that the previously unknown, unavailable, or untested evidence is material and, when considered with all of the other evidence in the current record, will prove that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt; and (viii) that the previously unknown, unavailable, or untested evidence is not merely cumulative, corroborative, or collateral. Nothing in this chapter shall constitute grounds to delay or stay any other appeals following conviction or adjudication of delinquency, or petitions to any court. Human biological evidence may not be used as the sole basis for seeking relief under this writ but may be used in conjunction with other evidence.B\n\nSuch petition shall contain all relevant allegations of facts that are known to the petitioner at the time of filing; shall be accompanied by all relevant documents, affidavits, and test results; and shall enumerate and include all relevant previous records, applications, petitions, and appeals and their dispositions. The petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the Court of Appeals may dismiss the petition or return the petition to the petitioner pending the completion of such form. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution of perjury as provided for in § 18.2-434.C\n\nIn cases brought by counsel for the petitioner, the Court of Appeals shall not accept the petition unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition and all attachments have been served on the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General, or an acceptance of service signed by these officials, or any combination thereof. In cases brought by petitioners pro se, the Court of Appeals shall not accept the petition unless it is accompanied by a certificate that a copy of the petition and all attachments have been sent, by certified mail, to the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General. The Court of Appeals may summarily dismiss any second or subsequent petition for failure to identify new or different evidence in support of the factual innocence claim or, if new and different grounds are alleged, failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section under circumstances that constitute an abuse of the writ. If the Court of Appeals does not summarily dismiss the petition, it shall so notify in writing the Attorney General, the attorney for the Commonwealth, and the petitioner. The Attorney General shall have 60 days after receipt of such notice in which to file a response to the petition that may be extended for good cause shown; however, nothing shall prevent the Attorney General from filing an earlier response. The response may contain a proffer of any evidence pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence that was suppressed at trial.D\n\nThe Court of Appeals may inspect the record of any trial or appellate court action, and the Court may, in any case, award a writ of certiorari to the clerk of the respective court below, and have brought before the Court the whole record or any part of any record. If, in the judgment of the Court, the petition fails to state a claim, or if the assertions of previously unknown, unavailable, or untested evidence, even if true, would fail to qualify for the granting of relief under this chapter, the Court may dismiss the petition summarily, without any hearing or a response from the Attorney General.E\n\nIn any petition filed pursuant to this chapter that is not summarily dismissed, the petitioner is entitled to representation by counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) and Article 4 (§ 19.2-163.3 et seq.) of Chapter 10. The Court of Appeals may, in its discretion, appoint counsel prior to deciding whether a petition should be summarily dismissed.F\n\nUpon the scheduling of a hearing pursuant to § 19.2-327.12 or any subsequent oral argument, the Attorney General shall notify the victim or the victim’s representative of the hearing. The victim or victim’s representative shall have the right to attend any such hearing. For purposes of this subsection, “victim” means the same as that term is defined in subsection B of § 19.2-11.01.","order_by":null,"text":{"0":{"id":289107,"text":"The petitioner shall allege categorically and with specificity, under oath, all of the following: (i) the crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or the offense for which he was adjudicated delinquent; (iii) an exact description of (a) the previously unknown or unavailable evidence supporting the allegation of innocence or (b) the previously untested evidence and the scientific testing supporting the allegation of innocence; (iv)(a) that such evidence was previously unknown or unavailable to the petitioner or his trial attorney of record at the time the conviction or adjudication of delinquency became final in the circuit court or (b) if known, the reason that the evidence was not subject to scientific testing set forth in the petition; (v) the date (a) the previously unknown or unavailable evidence became known or available to the petitioner and the circumstances under which it was discovered or (b) the results of the scientific testing of previously untested evidence became known to the petitioner or any attorney of record; (vi)(a) that the previously unknown or unavailable evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the time the conviction or adjudication of delinquency became final in the circuit court or (b) that the testing procedure was not available at the time the conviction or adjudication of delinquency became final in the circuit court; (vii) that the previously unknown, unavailable, or untested evidence is material and, when considered with all of the other evidence in the current record, will prove that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt; and (viii) that the previously unknown, unavailable, or untested evidence is not merely cumulative, corroborative, or collateral. Nothing in this chapter shall constitute grounds to delay or stay any other appeals following conviction or adjudication of delinquency, or petitions to any court. Human biological evidence may not be used as the sole basis for seeking relief under this writ but may be used in conjunction with other evidence.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289108,"text":"Such petition shall contain all relevant allegations of facts that are known to the petitioner at the time of filing; shall be accompanied by all relevant documents, affidavits, and test results; and shall enumerate and include all relevant previous records, applications, petitions, and appeals and their dispositions. The petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the Court of Appeals may dismiss the petition or return the petition to the petitioner pending the completion of such form. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution of perjury as provided for in § 18.2-434.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289109,"text":"In cases brought by counsel for the petitioner, the Court of Appeals shall not accept the petition unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition and all attachments have been served on the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General, or an acceptance of service signed by these officials, or any combination thereof. In cases brought by petitioners pro se, the Court of Appeals shall not accept the petition unless it is accompanied by a certificate that a copy of the petition and all attachments have been sent, by certified mail, to the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General. The Court of Appeals may summarily dismiss any second or subsequent petition for failure to identify new or different evidence in support of the factual innocence claim or, if new and different grounds are alleged, failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section under circumstances that constitute an abuse of the writ. If the Court of Appeals does not summarily dismiss the petition, it shall so notify in writing the Attorney General, the attorney for the Commonwealth, and the petitioner. The Attorney General shall have 60 days after receipt of such notice in which to file a response to the petition that may be extended for good cause shown; however, nothing shall prevent the Attorney General from filing an earlier response. The response may contain a proffer of any evidence pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence that was suppressed at trial.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289110,"text":"The Court of Appeals may inspect the record of any trial or appellate court action, and the Court may, in any case, award a writ of certiorari to the clerk of the respective court below, and have brought before the Court the whole record or any part of any record. If, in the judgment of the Court, the petition fails to state a claim, or if the assertions of previously unknown, unavailable, or untested evidence, even if true, would fail to qualify for the granting of relief under this chapter, the Court may dismiss the petition summarily, without any hearing or a response from the Attorney General.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":289111,"text":"In any petition filed pursuant to this chapter that is not summarily dismissed, the petitioner is entitled to representation by counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) and Article 4 (§ 19.2-163.3 et seq.) of Chapter 10. The Court of Appeals may, in its discretion, appoint counsel prior to deciding whether a petition should be summarily dismissed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":289112,"text":"Upon the scheduling of a hearing pursuant to § 19.2-327.12 or any subsequent oral argument, the Attorney General shall notify the victim or the victim’s representative of the hearing. The victim or victim’s representative shall have the right to attend any such hearing. For purposes of this subsection, “victim” means the same as that term is defined in subsection B of § 19.2-11.01.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.11\/","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 4 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, chapters 170<\/a> and 180<\/a>; in 2020, chapters 993<\/a> and 994<\/a>; in 2022, chapter 625<\/a>; in 2023, chapter 719<\/a>.<\/p>","references":[{"id":82426,"section_number":"19.2-327.13","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.13\/"}],"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":68516,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","order_by":null,"url":"\/19.2-157\/"},{"id":69563,"section_number":"19.2-163.3","catch_line":"Duties of public defenders","order_by":null,"url":"\/19.2-163.3\/"},{"id":54853,"section_number":"19.2-327.12","catch_line":"Determination by Court of Appeals for findings of fact by the circuit court","order_by":null,"url":"\/19.2-327.12\/"}],"permalink":{"id":169821,"object_type":"law","relational_id":80666,"identifier":"19.2-327.11","token":"19.2\/19.3\/19.2-327.11","url":"\/19.2-327.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.11\/","token":"19.2\/19.3\/19.2-327.11","dublin_core":{"Title":"Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The petitioner shall allege categorically and with specificity, under oath<\/span>, all of the following: (i) the crime<\/span> for which the petitioner was convicted or the offense<\/span> for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime<\/span> for which he was convicted or the offense<\/span> for which he was adjudicated delinquent; (iii) an exact description of (a) the previously unknown or unavailable evidence<\/span> supporting the allegation<\/span> of innocence or (b) the previously untested evidence<\/span> and the scientific testing supporting the allegation<\/span> of innocence; (iv)(a) that such evidence<\/span> was previously unknown or unavailable to the petitioner or his trial<\/span> attorney of record at the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span> or (b) if known, the reason that the evidence<\/span> was not subject to scientific testing set forth in the petition<\/span>; (v) the date (a) the previously unknown or unavailable evidence<\/span> became known or available to the petitioner and the circumstances under which it was discovered or (b) the results of the scientific testing of previously untested evidence<\/span> became known to the petitioner or any attorney of record; (vi)(a) that the previously unknown or unavailable evidence<\/span> is such as could not, by the exercise of diligence, have been discovered or obtained before the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span> or (b) that the testing procedure was not available at the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span>; (vii) that the previously unknown, unavailable, or untested evidence<\/span> is material<\/span> and, when considered with all of the other evidence<\/span> in the current record, will prove that no rational trier of fact<\/span> would have found proof of guilt or delinquency beyond a reasonable doubt<\/span>; and (viii) that the previously unknown, unavailable, or untested evidence<\/span> is not merely cumulative, corroborative, or collateral<\/span>. Nothing in this chapter shall constitute grounds to delay or stay<\/span> any other appeals<\/span> following conviction<\/span> or adjudication of delinquency, or petitions<\/span> to any court<\/span>. Human biological evidence<\/span> may not be used as the sole basis for seeking relief under this writ<\/span> but may be used in conjunction with other evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such petition<\/span> shall contain all relevant allegations<\/span> of facts<\/span> that are known to the petitioner at the time of filing; shall be accompanied by all relevant documents, affidavits<\/span>, and test results; and shall enumerate and include all relevant previous records, applications, petitions<\/span>, and appeals<\/span> and their dispositions<\/span>. The petition<\/span> shall be filed on a form provided by the Supreme Court<\/span>. If the petitioner fails to submit a completed form, the Court<\/span> of Appeals<\/span> may dismiss the petition<\/span> or return the petition<\/span> to the petitioner pending the completion of such form. Any false statement in the petition<\/span>, if such statement is knowingly or willfully made, shall be a ground for prosecution<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases brought by counsel<\/span> for the petitioner, the Court<\/span> of Appeals<\/span> shall not accept the petition<\/span> unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition<\/span> and all attachments<\/span> have been served on the attorney for the Commonwealth of the jurisdiction<\/span> where the conviction<\/span> or adjudication of delinquency occurred and the Attorney General<\/span>, or an acceptance of service signed by these officials, or any combination thereof. In cases brought by petitioners pro se<\/span>, the Court<\/span> of Appeals<\/span> shall not accept the petition<\/span> unless it is accompanied by a certificate that a copy of the petition<\/span> and all attachments<\/span> have been sent, by certified mail, to the attorney for the Commonwealth of the jurisdiction<\/span> where the conviction<\/span> or adjudication of delinquency occurred and the Attorney General<\/span>. The Court<\/span> of Appeals<\/span> may summarily dismiss any second or subsequent petition<\/span> for failure to identify new or different evidence<\/span> in support of the factual innocence claim or, if new and different grounds are alleged, failure of the petitioner to assert those grounds in a prior petition<\/span> filed pursuant to this section under circumstances that constitute an abuse of the writ<\/span>. If the Court<\/span> of Appeals<\/span> does not summarily dismiss the petition<\/span>, it shall so notify in writing the Attorney General<\/span>, the attorney for the Commonwealth, and the petitioner. The Attorney General<\/span> shall have 60 days after receipt of such notice in which to file a response to the petition<\/span> that may be extended for good cause shown; however, nothing shall prevent the Attorney General<\/span> from filing an earlier response. The response may contain a proffer of any evidence<\/span> pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence<\/span> that was suppressed at trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Court<\/span> of Appeals<\/span> may inspect the record of any trial<\/span> or appellate<\/span> court<\/span> action, and the Court<\/span> may, in any case, award a writ of certiorari<\/span> to the clerk of the respective court<\/span> below, and have brought before the Court<\/span> the whole record or any part of any record. If, in the judgment<\/span> of the Court<\/span>, the petition<\/span> fails to state a claim, or if the assertions of previously unknown, unavailable, or untested evidence<\/span>, even if true, would fail to qualify for the granting of relief under this chapter, the Court<\/span> may dismiss the petition<\/span> summarily, without any hearing<\/span> or a response from the Attorney General<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any petition<\/span> filed pursuant to this chapter that is not summarily dismissed, the petitioner is entitled to representation by counsel<\/span> subject to the provisions of Article 3 (§ 19.2-157<\/a> et seq.) and Article 4 (§ 19.2-163.3<\/a> et seq.) of Chapter 10. The Court<\/span> of Appeals<\/span> may, in its discretion, appoint counsel<\/span> prior to deciding whether a petition<\/span> should be summarily dismissed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the scheduling of a hearing<\/span> pursuant to § 19.2-327.12<\/a> or any subsequent oral argument<\/span>, the Attorney General<\/span> shall notify the victim<\/span> or the victim<\/span>’s representative of the hearing<\/span>. The victim<\/span> or victim<\/span>’s representative shall have the right to attend any such hearing<\/span>. For purposes of this subsection, “victim<\/span>” means the same as that term is defined in subsection B of § 19.2-11.01<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTENTS AND FORM OF THE PETITION BASED ON PREVIOUSLY UNKNOWN OR UNAVAILABLE\nEVIDENCE OF ACTUAL INNOCENCE (\u00a7 19.2-327.11)\n\nA. The petitioner shall allege categorically and with specificity, under oath,\nall of the following: (i) the crime for which the petitioner was convicted or\nthe offense for which the petitioner was adjudicated delinquent; (ii) that the\npetitioner is actually innocent of the crime for which he was convicted or the\noffense for which he was adjudicated delinquent; (iii) an exact description of\n(a) the previously unknown or unavailable evidence supporting the allegation of\ninnocence or (b) the previously untested evidence and the scientific testing\nsupporting the allegation of innocence; (iv)(a) that such evidence was\npreviously unknown or unavailable to the petitioner or his trial attorney of\nrecord at the time the conviction or adjudication of delinquency became final in\nthe circuit court or (b) if known, the reason that the evidence was not subject\nto scientific testing set forth in the petition; (v) the date (a) the previously\nunknown or unavailable evidence became known or available to the petitioner and\nthe circumstances under which it was discovered or (b) the results of the\nscientific testing of previously untested evidence became known to the\npetitioner or any attorney of record; (vi)(a) that the previously unknown or\nunavailable evidence is such as could not, by the exercise of diligence, have\nbeen discovered or obtained before the time the conviction or adjudication of\ndelinquency became final in the circuit court or (b) that the testing procedure\nwas not available at the time the conviction or adjudication of delinquency\nbecame final in the circuit court; (vii) that the previously unknown,\nunavailable, or untested evidence is material and, when considered with all of\nthe other evidence in the current record, will prove that no rational trier of\nfact would have found proof of guilt or delinquency beyond a reasonable doubt;\nand (viii) that the previously unknown, unavailable, or untested evidence is not\nmerely cumulative, corroborative, or collateral. Nothing in this chapter shall\nconstitute grounds to delay or stay any other appeals following conviction or\nadjudication of delinquency, or petitions to any court. Human biological\nevidence may not be used as the sole basis for seeking relief under this writ\nbut may be used in conjunction with other evidence.\n\nB. Such petition shall contain all relevant allegations of facts that are known\nto the petitioner at the time of filing; shall be accompanied by all relevant\ndocuments, affidavits, and test results; and shall enumerate and include all\nrelevant previous records, applications, petitions, and appeals and their\ndispositions. The petition shall be filed on a form provided by the Supreme\nCourt. If the petitioner fails to submit a completed form, the Court of Appeals\nmay dismiss the petition or return the petition to the petitioner pending the\ncompletion of such form. Any false statement in the petition, if such statement\nis knowingly or willfully made, shall be a ground for prosecution of perjury as\nprovided for in § 18.2-434.\n\nC. In cases brought by counsel for the petitioner, the Court of Appeals shall\nnot accept the petition unless it is accompanied by a duly executed return of\nservice in the form of a verification that a copy of the petition and all\nattachments have been served on the attorney for the Commonwealth of the\njurisdiction where the conviction or adjudication of delinquency occurred and\nthe Attorney General, or an acceptance of service signed by these officials, or\nany combination thereof. In cases brought by petitioners pro se, the Court of\nAppeals shall not accept the petition unless it is accompanied by a certificate\nthat a copy of the petition and all attachments have been sent, by certified\nmail, to the attorney for the Commonwealth of the jurisdiction where the\nconviction or adjudication of delinquency occurred and the Attorney General. The\nCourt of Appeals may summarily dismiss any second or subsequent petition for\nfailure to identify new or different evidence in support of the factual\ninnocence claim or, if new and different grounds are alleged, failure of the\npetitioner to assert those grounds in a prior petition filed pursuant to this\nsection under circumstances that constitute an abuse of the writ. If the Court\nof Appeals does not summarily dismiss the petition, it shall so notify in\nwriting the Attorney General, the attorney for the Commonwealth, and the\npetitioner. The Attorney General shall have 60 days after receipt of such notice\nin which to file a response to the petition that may be extended for good cause\nshown; however, nothing shall prevent the Attorney General from filing an\nearlier response. The response may contain a proffer of any evidence pertaining\nto the guilt or delinquency or innocence of the petitioner that is not included\nin the record of the case, including evidence that was suppressed at trial.\n\nD. The Court of Appeals may inspect the record of any trial or appellate court\naction, and the Court may, in any case, award a writ of certiorari to the clerk\nof the respective court below, and have brought before the Court the whole\nrecord or any part of any record. If, in the judgment of the Court, the petition\nfails to state a claim, or if the assertions of previously unknown, unavailable,\nor untested evidence, even if true, would fail to qualify for the granting of\nrelief under this chapter, the Court may dismiss the petition summarily, without\nany hearing or a response from the Attorney General.\n\nE. In any petition filed pursuant to this chapter that is not summarily\ndismissed, the petitioner is entitled to representation by counsel subject to\nthe provisions of Article 3 (§ 19.2-157 et seq.) and Article 4 (§\n19.2-163.3 et seq.) of Chapter 10. The Court of Appeals may, in its discretion,\nappoint counsel prior to deciding whether a petition should be summarily\ndismissed.\n\nF. Upon the scheduling of a hearing pursuant to § 19.2-327.12 or any\nsubsequent oral argument, the Attorney General shall notify the victim or the\nvictim’s representative of the hearing. The victim or victim’s\nrepresentative shall have the right to attend any such hearing. For purposes of\nthis subsection, “victim” means the same as that term is defined in\nsubsection B of § 19.2-11.01.\n\nHISTORY: 2004, c. 1024; 2013, cc. 170, 180; 2020, cc. 993, 994; 2021, Sp. Sess.\nI, cc. 344, 345; 2022, c. 625; 2023, c. 719.","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}}