19.2-327.13 - Relief under writ. - Virginia Statutes

§ 19.2-327.13. Relief under writ.

Upon consideration of the petition, the response by the Commonwealth,previous records of the case, the record of any hearing held under thischapter and, if applicable, any findings certified from the circuit courtpursuant to an order issued under this chapter, the Court of Appeals, if ithas not already summarily dismissed the petition, shall either dismiss thepetition for failure to state a claim or assert grounds upon which reliefshall be granted; or the Court shall (i) dismiss the petition for failure toestablish previously unknown or unavailable evidence sufficient to justifythe issuance of the writ, or (ii) only upon a finding that the petitioner hasproven by clear and convincing evidence all of the allegations contained inclauses (iv) through (viii) of subsection A of § 19.2-327.11, and upon afinding that no rational trier of fact could have found proof of guilt beyonda reasonable doubt, grant the writ, and vacate the conviction, or in theevent that the Court finds that no rational trier of fact could have foundsufficient evidence beyond a reasonable doubt as to one or more elements ofthe offense for which the petitioner was convicted, but the Court finds thatthere remains in the original trial record evidence sufficient to find thepetitioner guilty beyond a reasonable doubt of a lesser included offense, thecourt shall modify the order of conviction accordingly and remand the case tothe circuit court for resentencing. The burden of proof in a proceedingbrought pursuant to this chapter shall be upon the convicted person seekingrelief. If a writ vacating a conviction is granted, and no appeal is made tothe Supreme Court, or the Supreme Court denies the Commonwealth's petitionfor appeal or upholds the decision of the Court of Appeals to grant the writ,the Court of Appeals shall forward a copy of the writ to the circuit court,where an order of expungement shall be immediately granted.

(2004, c. 1024; 2007, cc. 465, 824, 883, 905.)