                                 CODE OF VIRGINIA

ISSUANCE OF WRIT OF ACTUAL INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE (§
19.2-327.10)

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 §§ 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.

HISTORY: 2004, c. 1024; 2013, c. 170; 2020, cc. 993, 994.