Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 25. Extraordinary Writs » Article 3. Habeas Corpus
Virginia Code

Va. Code Ann. § 8.01-663 (2026)

Judgment conclusive

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Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an action for false imprisonment.

Code 1950, § 8-605; 1977, c. 617.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1980–2025 · leading case: Bland v. Johnson, 495 F. Supp. 735 (E.D. Va. 1980).
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Bland v. Johnson, 495 F. Supp. 735 (E.D. Va. 1980). “The Virginia Supreme Court held that pursuant to § 8-605 Code of Virginia (now § 8.01-663), a Virginia court may dismiss a petition for a writ of habeas corpus summarily if it determines that it is repetitious.”
White v. Clark, No. 1:22-cv-00951 (E.D. Va. June 6, 2023). · cites it 4× “at 221) and then dismissed the claims pursuant to Virginia Code § 8.01-663, which provides, “[a]ny such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an…”
Star v. Winstead, No. 1:23-cv-01641 (E.D. Va. Aug. 30, 2024). · cites it 3× “To the extent petitioner raises the same claims raised and decided in circuit court, they are barred by Code § 8.01-663 (no writ shall be granted based on any allegation previously resolved against the petitioner).”
Johnson v. Virginia Parole Bd., 65 Va. Cir. 149 (Fairfax Cir. Ct. 2004). · cites it 5× “Further, this court finds that Johnson’s second claim is repetitious and is barred pursuant to Va. Code § 8.01-663. Based on the foregoing, Johnson is not entitled to a full plenary hearing.”
Brown v. Brown, No. 1:17-cv-00052 (E.D. Va. Mar. 18, 2020). · cites it 2× “01-663, which precludes relief based upon a prior adjudication of a claim or claims absent a change of circumstances.”
Kelly v. Clark, No. 1:20-cv-00805 (E.D. Va. May 18, 2021). · cites it 2× “Code § 8.01-663. Petitioner’s claim was raised and decided in a prior petition, which was filed in the Circuit Court of City of Richmond on April 9, 2018.”
Parker, No. 3:24-cv-00918 (E.D. Va. Dec. 2, 2025). · cites it 2× “§ 8.01-663 is “not a merits decision. Instead it is a recognition that the claims before the court were resolved in a previous proceeding.”
Johnson v. Commonwealth, 10 Va. Cir. 365 (Richmond County Cir. Ct. 1988). · cites it 4× “However, Va. Code § 8.01-663 prevents a habeas judgment from being conclusive in a subsequent action for false imprisonment.”
Drayton v. Dir. of the VA Dept. of Corr., No. 1:24-cv-00795 (E.D. Va. Sept. 2, 2025). “27-3 at 65 (citing Virginia Code § 8.01-663). 8 A district “court must consider claims as they are presented in the petition, reviewing them under the applicable standard” and it is “the district court’s duty to consider only the specific claims raised in a § 2254 petition.”
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