10.5 Writ of Actual Innocence Based on Biological Evidence

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

10.5 WRIT OF ACTUAL INNOCENCE BASED ON BIOLOGICAL EVIDENCE

A writ of innocence based on biological evidence may be requested in the Supreme Court of Virginia by any person convicted of a felony upon a plea of not guilty or who, regardless of the plea, was convicted of a Class 1 felony, Class 2 felony, or felony for which the maximum penalty is life. ¹³⁸ The petitioner must allege: (i) the crime for which the petitioner was convicted; (ii) that the petitioner is actually innocent; (iii) an exact description of the human biological evidence and the scientific testing supporting the allegation of innocence; (iv) that the evidence was not previously known or available to the petitioner or his or her trial attorney at the time...