{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.12.html"}],"law_id":54853,"edition_id":1,"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","history":"2004, c. 1024; 2013, c. 170.","full_text":"If the Court of Appeals determines from the petition, from any hearing on the petition, from a review of the records of the case, or from any response from the Attorney General that a resolution of the case requires further development of the facts, the court may order the circuit court in which the order of conviction or the adjudication of delinquency was originally entered to conduct a hearing within 90 days after the order has been issued to certify findings of fact with respect to such issues as the Court of Appeals shall direct. The record and certified findings of fact of the circuit court shall be filed in the Court of Appeals within 30 days after the hearing is concluded. The petitioner or his attorney of record, the attorney for the Commonwealth and the Attorney General shall be served a copy of the order stating the specific purpose and evidence for which the hearing has been ordered.","order_by":null,"text":{"0":{"id":201257,"text":"If the Court of Appeals determines from the petition, from any hearing on the petition, from a review of the records of the case, or from any response from the Attorney General that a resolution of the case requires further development of the facts, the court may order the circuit court in which the order of conviction or the adjudication of delinquency was originally entered to conduct a hearing within 90 days after the order has been issued to certify findings of fact with respect to such issues as the Court of Appeals shall direct. The record and certified findings of fact of the circuit court shall be filed in the Court of Appeals within 30 days after the hearing is concluded. The petitioner or his attorney of record, the attorney for the Commonwealth and the Attorney General shall be served a copy of the order stating the specific purpose and evidence for which the hearing has been ordered.","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}],"previous_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","url":"\/19.2-327.11\/","token":"19.2\/19.3\/19.2-327.11","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.12\/","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 1 time. 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. That modification is as follows: in 2013, chapter 170<\/a>.<\/p>","references":[{"id":80666,"section_number":"19.2-327.11","catch_line":"Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence","order_by":null,"url":"\/19.2-327.11\/"}],"refers_to":false,"permalink":{"id":169825,"object_type":"law","relational_id":54853,"identifier":"19.2-327.12","token":"19.2\/19.3\/19.2-327.12","url":"\/19.2-327.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.12\/","token":"19.2\/19.3\/19.2-327.12","dublin_core":{"Title":"Determination by Court of Appeals for findings of fact by the circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the Court<\/span> of Appeals<\/span> determines from the petition<\/span>, from any hearing<\/span> on the petition<\/span>, from a review of the records of the case, or from any response from the Attorney General<\/span> that a resolution of the case requires further development of the facts<\/span>, the court<\/span> may order<\/span> the circuit<\/span> court<\/span> in which the order<\/span> of conviction<\/span> or the adjudication of delinquency was originally entered to conduct a hearing<\/span> within 90 days after the order<\/span> has been issued to certify findings<\/span> of fact<\/span> with respect to such issues<\/span> as the Court<\/span> of Appeals<\/span> shall direct. The record and certified findings<\/span> of fact<\/span> of the circuit<\/span> court<\/span> shall be filed in the Court<\/span> of Appeals<\/span> within 30 days after the hearing<\/span> is concluded. The petitioner or his attorney of record, the attorney for the Commonwealth and the Attorney General<\/span> shall be served a copy of the order<\/span> stating the specific purpose and evidence<\/span> for which the hearing<\/span> has been ordered.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION BY COURT OF APPEALS FOR FINDINGS OF FACT BY THE CIRCUIT COURT (\u00a7\n19.2-327.12)\n\nIf the Court of Appeals determines from the petition, from any hearing on the\npetition, from a review of the records of the case, or from any response from\nthe Attorney General that a resolution of the case requires further development\nof the facts, the court may order the circuit court in which the order of\nconviction or the adjudication of delinquency was originally entered to conduct\na hearing within 90 days after the order has been issued to certify findings of\nfact with respect to such issues as the Court of Appeals shall direct. The\nrecord and certified findings of fact of the circuit court shall be filed in the\nCourt of Appeals within 30 days after the hearing is concluded. The petitioner\nor his attorney of record, the attorney for the Commonwealth and the Attorney\nGeneral shall be served a copy of the order stating the specific purpose and\nevidence for which the hearing has been ordered.\n\nHISTORY: 2004, c. 1024; 2013, c. 170.","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}}