Va. Code » Title 19.2. Criminal Procedure » Chapter 19.3. Issuance of Writ of Actual Innocence Based on Nonbiological Evidence
Virginia Code

Va. Code Ann. § 19.2-327.10 (2026)

Issuance of writ of actual innocence based on nonbiological evidence

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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.

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

Notes of Decisions
Cited in 53 cases (16 in the last 5 years), 2004–2026 · leading case: Carpitcher v. Com., 641 S.E.2d 486 (Va. 2007).
Sort: Relevance Newest Treatment
Carpitcher v. Com., 641 S.E.2d 486 (Va. 2007). · cites it 14× “We primarily consider whether the Court of Appeals correctly applied the statutory provisions governing such petitions, Code §§ 19.2-327.10 through -327.14. In August 1999, Aleck Jacob Carpitcher was convicted by a jury in the Circuit Court of Roanoke County (circuit court) of…”
Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010). · cites it 24× “Standard of Review Code § 19.2-327.10 confers original jurisdiction upon the Court of Appeals of Virginia to consider a petition for a writ of actual innocence based on newly-discovered, non-biological evidence filed by any individual "convicted of a felony upon a plea of not…”
Gary Linwood Bush v. Commonwealth of Virginia, 813 S.E.2d 582 (Va. Ct. App. 2018). · cites it 8× “ANALYSIS Code § 19.2-327.10 confers original jurisdiction upon this Court to consider a petition for a writ of actual innocence based on non-biological evidence.”
In Re: Brown, 810 S.E.2d 444 (Va. 2018). · cites it 2× “3(C) (writs based on biological evidence); Code § 19.2-327.10(C) (writs based on non-biological evidence).”
Johnson v. Commonwealth, 641 S.E.2d 480 (Va. 2007). · cites it 6× “We consider various issues related to the Court of Appeals' consideration of the petition under the provisions of Code §§ 19.2-327.10 through-327.14. In September 2001, Dwayne Lamont Johnson (Johnson) was tried by a jury in the Circuit Court of New Kent County for capital murder…”
Charles Albert Massey, III v. Commonwealth of Virginia, 793 S.E.2d 816 (Va. Ct. App. 2016). · cites it 2× “Rule 1:1; Code § 19.2-327.10 et seq. (regarding proceedings for challenging a conviction with non-biologic, after-discovered evidence).”
Turner v. Commonwealth, 680 S.E.2d 312 (Va. Ct. App. 2009). · cites it 8× “STANDARD OF REVIEW Code § 19.2-327.10 confers original jurisdiction upon the Court of Appeals of Virginia to consider a petition for a writ of actual innocence based on newly-discovered, non-biological evidence filed by any individual "convicted of a felony upon a plea of not…”
Bell v. True, 413 F. Supp. 2d 657 (W.D. Va. 2006). · cites it 4× “” Va.Code Ann. § 19.2-327.10 (Michie 2004).”
Copeland v. Commonwealth, 664 S.E.2d 528 (Va. Ct. App. 2008). · cites it 2× “1 Based upon the after-discovered DFS certificate of analysis, Copeland filed a petition for actual innocence under Code § 19.2-327.10, et seq. To succeed, Copeland must prove by clear and convincing evidence that, among other things, the after-discovered information was…”
People v. Hamilton, 115 A.D.3d 12 (N.Y. App. Div. 2014). “…that the motion is denied. Dillon, J.P., Leventhal, Austin and Hinds-Radix, JJ., concur. . Alphonso Dixon died in 2003. . Ariz Rules Crim Pro rule 32.1 (h); Ark Code Arm §§ 16-112-201 — 16-112-208; Del Code Ann, tit 11, § 4504; DC Code § 22-4135; Me Rev Stat Ann, tit 15,…”
Johnathan Christopher Montgomery v. Commonwealth of Virginia, 751 S.E.2d 692 (Va. Ct. App. 2013). · cites it 6× “Upon a Petition for a Writ of Actual Innocence Johnathan Christopher Montgomery (“Montgomery”) petitions this Court to grant a writ of actual innocence based on non-biological evidence pursuant to Code §§ 19.2-327.10 through 19.2-327.14. Montgomery seeks to vacate his 2009…”
McGhie v. State, 144 A.3d 752 (Md. 2016). · cites it 2× “873 (codified at Va. Code Ann. §§ 19.2-327.2 - 6); 2004 Va.”
Show all 53 citing cases →
— Va. Code Ann. § 19.2-327.10(C) — 1 case
In Re: Brown, 810 S.E.2d 444 (Va. 2018). “3(C) (writs based on biological evidence); Code § 19.2-327.10(C) (writs based on non-biological evidence).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.