plenary hearing in Virginia

2002However, the statutory authority for the Court’s ruling, Va. Code Ann. § 8.01-660 , allows the use of such affidavits “in the discretion of the court or judge before whom the petition is brought____” In Yeatts , the Supreme Court quoted from its earlier decision in Walker v. Mitchell, 224 Va. 568 , 299 S.E.2d 698 , in articulating the rationale for allowing use of such affidavits in deciding motions to dismiss: Using affidavits where appropriate (Code § 8.01-660) or a plenary hearing when necessary (Code § 8.01-662), the parties can produce a complete record, one that will permit an intelligen

2002However, the statutory authority for the Court’s ruling, Va. Code Ann. § 8.01-660 , allows the use of such affidavits “in the discretion of the court or judge before whom the petition is brought____” In Yeatts , the Supreme Court quoted from its earlier decision in Walker v. Mitchell, 224 Va. 568 , 299 S.E.2d 698 , in articulating the rationale for allowing use of such affidavits in deciding motions to dismiss: Using affidavits where appropriate (Code § 8.01-660) or a plenary hearing when necessary (Code § 8.01-662), the parties can produce a complete record, one that will permit an intelligen

1986The trial court’s summary dismissal without a plenary hearing of the following grounds for relief was proper and is affirmed based upon the authority and reasons hereafter stated: ground (l)(a), there being no allegation that the jury was not fair and impartial; ground (l)(c), there being no factual allegations sufficient for habeas corpus relief, see Penn v. Smyth, 188 Va. 367, 370 , 49 S.E.2d 600, 601 (1948); ground (2), as the sufficiency of the evidence to support a conviction cannot be challenged in a state habeas corpus proceeding, Pettus v. Peyton, 207 Va. 906, 911 , 153 S.E.2d 278, 281

1986The trial court’s summary dismissal without a plenary hearing of the following grounds for relief was proper and is affirmed based upon the authority and reasons hereafter stated: ground (l)(a), there being no allegation that the jury was not fair and impartial; ground (l)(c), there being no factual allegations sufficient for habeas corpus relief, see Penn v. Smyth, 188 Va. 367, 370 , 49 S.E.2d 600, 601 (1948); ground (2), as the sufficiency of the evidence to support a conviction cannot be challenged in a state habeas corpus proceeding, Pettus v. Peyton, 207 Va. 906, 911 , 153 S.E.2d 278, 281

2024“Furthermore, such evidentiary issues presenting a ‘question of law’ are ‘reviewed de novo by this Court.’” Id. at 112-13 (quoting Abney v. Commonwealth, 51 Va. App. 337, 345 (2008)). -3- A. The circuit court judge’s testimony in the plenary hearing violated Code § 19.2-271.

2022See id. at 562 (“[A] letter from counsel 5 Specifically, appellant contends the trial court abused its discretion in summarily denying his post-trial motions without first conducting a plenary hearing on the alleged potential conflict of interest and bias of Judge Atkins. - 11 - requesting that the trial court vacate a final judgment [is] insufficient to toll the running of the twenty-one day time period of Rule 1:1 because ‘[a]n order of the court [is] necessary’ to achieve that end.” (third alteration in original) (quoting Lyle v. Ekleberry, 209 Va. 349, 351 (1968))).

2022See id. at 562 (“[A] letter from counsel 5 Specifically, appellant contends the trial court abused its discretion in summarily denying his post-trial motions without first conducting a plenary hearing on the alleged potential conflict of interest and bias of Judge Atkins. - 11 - requesting that the trial court vacate a final judgment [is] insufficient to toll the running of the twenty-one day time period of Rule 1:1 because ‘[a]n order of the court [is] necessary’ to achieve that end.” (third alteration in original) (quoting Lyle v. Ekleberry, 209 Va. 349, 351 (1968))).

2010See Scialdone v. Commonwealth, 279 Va. 422 , 444, 689 S.E.2d 716, 728 (2010) (granting the accused due process in an indirect contempt proceeding, including “‘the assistance of counsel . . . and the right to call witnesses’” (quoting Cooke v. United States, 267 U.S. 517, 537 (1925))); Davis v. Commonwealth, 219 Va. 395, 398 , 247 S.E.2d 681, 682 (1978). -3- intimidate Davis and Claxton “in [their] official capacit[ies] as working with the administration of the jury office,” and “assisting judges . . . in the administration of justice.” The trial court further held that appellant unequivocally

2010See Scialdone v. Commonwealth, 279 Va. 422 , 444, 689 S.E.2d 716, 728 (2010) (granting the accused due process in an indirect contempt proceeding, including “‘the assistance of counsel . . . and the right to call witnesses’” (quoting Cooke v. United States, 267 U.S. 517, 537 (1925))); Davis v. Commonwealth, 219 Va. 395, 398 , 247 S.E.2d 681, 682 (1978). -3- intimidate Davis and Claxton “in [their] official capacit[ies] as working with the administration of the jury office,” and “assisting judges . . . in the administration of justice.” The trial court further held that appellant unequivocally

2010See Scialdone v. Commonwealth, 279 Va. 422 , 444, 689 S.E.2d 716, 728 (2010) (granting the accused due process in an indirect contempt proceeding, including “‘the assistance of counsel . . . and the right to call witnesses’” (quoting Cooke v. United States, 267 U.S. 517, 537 (1925))); Davis v. Commonwealth, 219 Va. 395, 398 , 247 S.E.2d 681, 682 (1978). -3- intimidate Davis and Claxton “in [their] official capacit[ies] as working with the administration of the jury office,” and “assisting judges . . . in the administration of justice.” The trial court further held that appellant unequivocally

2010See Scialdone v. Commonwealth, 279 Va. 422 , 444, 689 S.E.2d 716, 728 (2010) (granting the accused due process in an indirect contempt proceeding, including “‘the assistance of counsel . . . and the right to call witnesses’” (quoting Cooke v. United States, 267 U.S. 517, 537 (1925))); Davis v. Commonwealth, 219 Va. 395, 398 , 247 S.E.2d 681, 682 (1978). -3- intimidate Davis and Claxton “in [their] official capacit[ies] as working with the administration of the jury office,” and “assisting judges . . . in the administration of justice.” The trial court further held that appellant unequivocally

2006Bonham v. Angelone, 58 Va. Cir. 358, 367 (Fairfax 2002).

2002See Darnell v. Peyton, 208 Va. 675 (1968); Va. Code § 8.01-654(B)(4).

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1989We will not impute to counsel a certain rationale and thereby deny the defendant the opportunity to demonstrate, by evidence which might be obtained in a plenary hearing, that counsel had no such tactical basis for his actions. *139 Id. at 400 , 345 S.E.2d at 288 ; see also Correll v. Commonwealth, 232 Va. 454, 470 , 352 S.E.2d 352, 362 , cert. denied, 482 U.S. 931 , 107 S.Ct. 3219 , 96 L.Ed.2d 705 (1987) (a claim of ineffective counsel cannot be resolved on direct appeal "unless counsel charged with ineffectiveness has had an opportunity to defend himself on the record by giving the rationale

1986Slayton v. Parrigan, 215 Va. 27, 30 , 205 S.E.2d 680, 682 (1974), cert. denied, 419 U.S. 1108 (1975).

1986Slayton v. Parrigan, 215 Va. 27, 30 , 205 S.E.2d 680, 682 (1974), cert. denied, 419 U.S. 1108 (1975).

1986The trial court’s summary dismissal without a plenary hearing of the following grounds for relief was proper and is affirmed based upon the authority and reasons hereafter stated: ground (l)(a), there being no allegation that the jury was not fair and impartial; ground (l)(c), there being no factual allegations sufficient for habeas corpus relief, see Penn v. Smyth, 188 Va. 367, 370 , 49 S.E.2d 600, 601 (1948); ground (2), as the sufficiency of the evidence to support a conviction cannot be challenged in a state habeas corpus proceeding, Pettus v. Peyton, 207 Va. 906, 911 , 153 S.E.2d 278, 281

1986The trial court’s summary dismissal without a plenary hearing of the following grounds for relief was proper and is affirmed based upon the authority and reasons hereafter stated: ground (l)(a), there being no allegation that the jury was not fair and impartial; ground (l)(c), there being no factual allegations sufficient for habeas corpus relief, see Penn v. Smyth, 188 Va. 367, 370 , 49 S.E.2d 600, 601 (1948); ground (2), as the sufficiency of the evidence to support a conviction cannot be challenged in a state habeas corpus proceeding, Pettus v. Peyton, 207 Va. 906, 911 , 153 S.E.2d 278, 281

1981“To be sure, the . . . record is competent evidence, . . . but the petitioner, and the State, must be given the opportunity to present other testimonial and documentary evidence relevant to the disputed issues.” Townsend v. Sain, 372 U.S. 293, 322 (1963).