19.2-327.12 - Determination by Court of Appeals for findings of fact by the circuit court. - Virginia Statutes

§ 19.2-327.12. Determination by Court of Appeals for findings of fact by thecircuit court.

If the Court of Appeals determines from the petition, from any hearing on thepetition, from a review of the records of the case, or from any response fromthe Attorney General that a resolution of the case requires furtherdevelopment of the facts, the court may order the circuit court in which theorder of conviction was originally entered to conduct a hearing within 90days after the order has been issued to certify findings of fact with respectto such issues as the Court of Appeals shall direct. The record and certifiedfindings of fact of the circuit court shall be filed in the Court of Appealswithin 30 days after the hearing is concluded. The petitioner or his attorneyof record, the attorney for the Commonwealth and the Attorney General shallbe served a copy of the order stating the specific purpose and evidence forwhich the hearing has been ordered.

(2004, c. 1024.)