                                 CODE OF VIRGINIA

RELIEF UNDER WRIT (§ 19.2-327.5)

Upon consideration of the petition, the response by the Commonwealth, previous
records of the case, the record of any hearing held under this chapter and the
record of any hearings held pursuant to § 19.2-327.1, and if applicable, any
findings certified from the circuit court pursuant to § 19.2-327.4, the Supreme
Court shall either dismiss the petition for failure to state a claim or assert
grounds upon which relief shall be granted; or upon a hearing the Court shall
(i) dismiss the petition for failure to establish allegations sufficient to
justify the issuance of the writ or (ii) only upon a finding by a preponderance
of the evidence that the petitioner has proven all of the allegations contained
in clauses (iv) through (viii) of subsection A of § 19.2-327.3, and upon a
finding that no rational trier of fact would have found proof of guilt or
delinquency beyond a reasonable doubt, grant the writ, and vacate the conviction
or adjudication of delinquency, or in the event that the Court finds that no
rational trier of fact would have found sufficient evidence beyond a reasonable
doubt as to one or more elements of the offense for which the petitioner was
convicted or adjudicated delinquent, but the Court finds that there remains in
the original trial record evidence sufficient to find the petitioner guilty or
delinquent beyond a reasonable doubt of a lesser included offense, the Court
shall modify the conviction or adjudication of delinquency accordingly and
remand the case to the circuit court for resentencing. The burden of proof in a
proceeding brought pursuant to this chapter shall be upon the convicted or
delinquent person seeking relief. If a writ vacating a conviction or
adjudication of delinquency is granted, the Court shall forward a copy of the
writ to the circuit court, where an order of expungement shall be immediately
granted.

HISTORY: 2001, cc. 873, 874; 2007, cc. 465, 824, 883, 905; 2009, cc. 139, 320;
2013, cc. 170, 180; 2020, cc. 993, 994.