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. § 19.2-327.12 (2026)

Determination by Court of Appeals for findings of fact by the circuit court

✓ current as of May 2026
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If the Court of Appeals determines from the petition, from any hearing on the petition, from a review of the records of the case, or from any response from the Attorney General that a resolution of the case requires further development of the facts, the court may order the circuit court in which the order of conviction or the adjudication of delinquency was originally entered 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 Court of Appeals shall direct. The record and certified findings of fact of the circuit court shall be filed in the Court of Appeals 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.

2004, c. 1024; 2013, c. 170.

Notes of Decisions
Cited in 19 cases (7 in the last 5 years), 2006–2025 · leading case: Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010).
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Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010). · cites it 75× “"Because the Court of Appeals cannot hold its own evidentiary hearing to assess a witness' credibility, but must ultimately determine whether a recantation is true, Code § 19.2-327.12 provides a mechanism to assist the Court of Appeals in this task.”
Turner v. Commonwealth, 680 S.E.2d 312 (Va. Ct. App. 2009). · cites it 32× “Pursuant to Code § 19.2-327.12, this Court ordered the circuit court to conduct an evidentiary hearing and to make factual findings as to four certified questions: 1) whether Brown's recanted testimony is credible in his assertion that he testified falsely at his own trial; 2)…”
Johnson v. Commonwealth, 641 S.E.2d 480 (Va. 2007). · cites it 18× “However, when the Court of Appeals has referred issues in the case to a circuit court for factual findings under the provisions of Code § 19.2-327.12 and the Court of Appeals has approved those findings, we will be bound by the factual findings unless they are plainly wrong or…”
Turner v. Com., 717 S.E.2d 111 (Va. 2011). · cites it 8× “A panel of the Court of Appeals denied the Commonwealth's motion to dismiss and entered an order finding that resolution of the case required further development of the facts, and, pursuant to Code § 19.2-327.12, it remanded the matter to the circuit court [2] to certify…”
Carpitcher v. Com., 641 S.E.2d 486 (Va. 2007). · cites it 4× “The judgment before us in this appeal is based partly on factual findings certified by the circuit court in response to the Court of Appeals' order referring certain factual issues pursuant to Code § 19.2-327.12. Such factual findings are similar to circuit court findings made…”
Copeland v. Commonwealth, 664 S.E.2d 528 (Va. Ct. App. 2008). · cites it 2× “Having independently examined the record presented to us, we conclude the unique circumstances of this case make it prudent to accept the Attorney General’s concession without “further development of the facts” under Code § 19.2-327.12. Accordingly, we grant the requested writ…”
Thomas Haynesworth v. Commonwealth of Virginia, 717 S.E.2d 817 (Va. Ct. App. 2011). · cites it 8× “The victims have not recanted, no one has confessed, and there is no direct evidence that Haynesworth did not commit these crimes.”
In Re Carpitcher, 624 S.E.2d 700 (Va. Ct. App. 2006). · cites it 2× “) see also Code § 19.2-327.12 (providing that the Court of Appeals may order the circuit court to “conduct a hearing” and to issue “certified] findings of fact”).”
Michael Haas v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 10× “” Upon review of the petition, the Commonwealth’s response, Haas’ reply, the exhibits submitted with these pleadings, the record, the findings of fact certified by the circuit court under Code § 19.2-327.12, supplemental briefing ordered by the Court, and a joint evidentiary…”
Terence Jerome Richardson, s/k/a Terrence Jerome Richardson v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 6× “Therefore, pursuant to Code § 19.2-327.12, we remand this matter to the Circuit Court of Sussex County for the purpose of taking testimony under oath and subject to both cross-examination and the Rules of Evidence.”
Daryl O. Tyler v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 4× “11 This remains true even in those cases where we remand the matter to the circuit court for “further development of the facts” pursuant to Code § 19.2-327.12. In such instances, “the role of the circuit courts is to assist this Court in our factfinding function—not to supplant…”
Terence Jerome Richardson, s/k/a Terrence Jerome Richardson v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 4× “at 360; see also Code § 19.2-327.12. The circuit court conducted an evidentiary hearing and supplied this Court with its certified findings of fact.”
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