{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.4.html"}],"law_id":54878,"edition_id":1,"section_id":54878,"structure_id":13856,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","history":"2001, cc. 873, 874; 2005, cc. 868, 881.","full_text":"If the Supreme Court determines from the petition, from any hearing on the petition, from a review of the records of the case, including the record of any hearing on a motion to test evidence pursuant to \u00a7 9.1-1104, or from any response from the Attorney General that a resolution of the case requires further development of the facts under this chapter, the court may order the circuit court 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 Supreme Court shall direct. The record and certified findings of fact of the circuit court shall be filed in the Supreme Court 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":201336,"text":"If the Supreme Court determines from the petition, from any hearing on the petition, from a review of the records of the case, including the record of any hearing on a motion to test evidence pursuant to \u00a7 9.1-1104, or from any response from the Attorney General that a resolution of the case requires further development of the facts under this chapter, the court may order the circuit court 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 Supreme Court shall direct. The record and certified findings of fact of the circuit court shall be filed in the Supreme Court 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":13856,"edition_id":1,"name":"Issuance of Writ of Actual Innocence","identifier":"19.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":169785,"object_type":"structure","relational_id":13856,"identifier":"19.2","token":"19.2\/19.2","url":"\/19.2\/19.2\/","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":81313,"structure_id":13856,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","url":"\/19.2-327.2\/","token":"19.2\/19.2\/19.2-327.2","metadata":false},{"id":75395,"structure_id":13856,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.2_1\/","token":"19.2\/19.2\/19.2-327.2_1","metadata":false},{"id":58516,"structure_id":13856,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","url":"\/19.2-327.3\/","token":"19.2\/19.2\/19.2-327.3","metadata":false},{"id":54878,"structure_id":13856,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","url":"\/19.2-327.4\/","token":"19.2\/19.2\/19.2-327.4","metadata":false},{"id":66253,"structure_id":13856,"section_number":"19.2-327.5","catch_line":"Relief under writ","url":"\/19.2-327.5\/","token":"19.2\/19.2\/19.2-327.5","metadata":false},{"id":73005,"structure_id":13856,"section_number":"19.2-327.6","catch_line":"Claims of relief","url":"\/19.2-327.6\/","token":"19.2\/19.2\/19.2-327.6","metadata":false}],"previous_section":{"id":58516,"structure_id":13856,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","url":"\/19.2-327.3\/","token":"19.2\/19.2\/19.2-327.3","metadata":false},"next_section":{"id":66253,"structure_id":13856,"section_number":"19.2-327.5","catch_line":"Relief under writ","url":"\/19.2-327.5\/","token":"19.2\/19.2\/19.2-327.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.4\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 873<\/a> and 874<\/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 2005, chapters 868<\/a> and 881<\/a>.<\/p>","references":[{"id":66253,"section_number":"19.2-327.5","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.5\/"}],"refers_to":[{"id":58367,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","order_by":null,"url":"\/9.1-1104\/"}],"permalink":{"id":169799,"object_type":"law","relational_id":54878,"identifier":"19.2-327.4","token":"19.2\/19.2\/19.2-327.4","url":"\/19.2-327.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.4\/","token":"19.2\/19.2\/19.2-327.4","dublin_core":{"Title":"Determination by the Supreme Court for findings of fact by the circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the Supreme Court<\/span> determines from the petition<\/span>, from any hearing<\/span> on the petition<\/span>, from a review of the records of the case, including the record of any hearing<\/span> on a motion<\/span> to test evidence<\/span> pursuant to \u00a7 9.1-1104<\/a>, or from any response from the Attorney General<\/span> that a resolution of the case requires further development of the facts<\/span> under this chapter, the court<\/span> may order<\/span> the circuit<\/span> court<\/span> 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 Supreme Court<\/span> shall direct. The record and certified findings<\/span> of fact<\/span> of the circuit<\/span> court<\/span> shall be filed in the Supreme Court<\/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 THE SUPREME COURT FOR FINDINGS OF FACT BY THE CIRCUIT COURT (\u00a7\n19.2-327.4)\n\nIf the Supreme Court determines from the petition, from any hearing on the\npetition, from a review of the records of the case, including the record of any\nhearing on a motion to test evidence pursuant to \u00a7 9.1-1104, or from any\nresponse from the Attorney General that a resolution of the case requires\nfurther development of the facts under this chapter, the court may order the\ncircuit court to conduct a hearing within 90 days after the order has been\nissued to certify findings of fact with respect to such issues as the Supreme\nCourt shall direct. The record and certified findings of fact of the circuit\ncourt shall be filed in the Supreme Court within 30 days after the hearing is\nconcluded. The petitioner or his attorney of record, the attorney for the\nCommonwealth and the Attorney General shall be served a copy of the order\nstating the specific purpose and evidence for which the hearing has been\nordered.\n\nHISTORY: 2001, cc. 873, 874; 2005, cc. 868, 881.","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}}