10.6 Writ of Actual Innocence Based on Nonbiological Evidence

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

10.6 WRIT OF ACTUAL INNOCENCE BASED ON NONBIOLOGICAL EVIDENCE ¹⁴⁴

A writ of innocence based on nonbiological evidence may be requested in the Court of Appeals by any person convicted of a felony upon a plea of not guilty. ¹⁴⁵ The petitioner must allege: (i) the crime for which the petitioner was convicted; (ii) that the petitioner is actually innocent of the crime; (iii) an exact description of the previously unknown or unavailable evidence supporting the allegation of innocence; (iv) that such evidence was previously unknown or unavailable; (v) the date the previously unknown or unavailable evidence became known or available to the petitioner, and the circumstances under which it was discovered; (vi) that the previously unknown or unavailable evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the expiration of 21 days following entry of the final order of conviction or adjudication...