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2017 SESSION

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HB 2085 Petition for writ of actual innocence.

Introduced by: Charniele L. Herring | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven the allegations supporting the writ by a preponderance of the evidence. Currently, the Court must make such a finding based on clear and convincing evidence.


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