19.2-327.10 - Issuance of writ of actual innocence based on nonbiological evidence. - Virginia Statutes

§ 19.2-327.10. Issuance of writ of actual innocence based on nonbiologicalevidence.

Notwithstanding any other provision of law or rule of court, upon a petitionof a person who was convicted of a felony upon a plea of not guilty, theCourt of Appeals shall have the authority to issue writs of actual innocenceunder this chapter. Only one such writ based upon such conviction may befiled by a petitioner. The writ shall lie to the court that entered theconviction; and that court shall have the authority to conduct hearings, asprovided for in this chapter, on such a petition as directed by order fromthe Court of Appeals. In accordance with §§ 17.1-411 and 19.2-317, eitherparty may appeal a final decision of the Court of Appeals to the SupremeCourt of Virginia. Upon an appeal from the Court of Appeals, the SupremeCourt of Virginia shall have the authority to issue writs in accordance withthe provisions of this chapter.

(2004, c. 1024.)