Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, the Supreme Court shall have the authority to issue writs of actual innocence under this chapter. The writ shall lie to the circuit court that entered the felony conviction or adjudication of delinquency and that court shall have the authority to conduct hearings, as provided for in § 19.2-327.5, on such a petition as directed by order from the Supreme Court.

Terms Used In Virginia Code 19.2-327.2

  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

2001, cc. 873, 874; 2009, cc. 139, 320; 2013, c. 170; 2020, cc. 993, 994.

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