If the Supreme Court determines from the petition, from any hearing on the petition, from a review of the records of the case, including the record of any hearing on a motion to test evidence pursuant to § 9.1-1104, or from any response from the Attorney General that a resolution of the case requires further development of the facts under this chapter, the court may order the circuit court 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 Supreme Court shall direct. The record and certified findings of fact of the circuit court shall be filed in the Supreme Court 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.
2001, cc. 873, 874; 2005, cc. 868, 881.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2018–2025 · leading case:
In re Watford, 809 S.E.2d 651 (Va. 2018).
In re Watford, 809 S.E.2d 651 (Va. 2018).
· cites it 9× “After the parties had filed their briefs, this Court, recognizing that the record in this case was insufficient to resolve Watford's claim of actual innocence, directed the Circuit Court of the City of Portsmouth to conduct an evidentiary hearing pursuant to Code § 19.2-327.4…”
In re Brown, 810 S.E.2d 444 (Va. 2018).
· cites it 2× “testified that she had a recent phone conversation with Brown, in which he had offered to do yard work for her.”
In re Watford, No. 161187 (Va. Mar. 1, 2018).
· cites it 8× “te effectively requires us to draw our conclusion from a hypothetical new trial in which a rational factfinder hears all of the evidence in the aggregate, including: any records from the original case, the evidence presented at the original trial, the newly discovered biological…”
In re Hargrove, 924 S.E.2d 1 (Va. 2025).
· cites it 5× “pothetical new trial in which a rational factfinder hears all of the evidence in the aggregate, including: any records from the original case, the evidence presented at the original trial, the newly discovered biological evidence, any additional factual proffers made by the…”
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