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MONTGOMERY v. COM.

Record No. 2300-12-1.

751 S.E.2d 692 (2013)

62 Va. App. 656

Johnathan Christopher MONTGOMERY, Petitioner, v. COMMONWEALTH of Virginia, Respondent.

Court of Appeals of Virginia.

December 20, 2013.

Attorney(s) appearing for the Case

Jon M. Talotta , McLean, ( Erica Knievel Songer ; Marques P. Richeson ; Adam D. Aft , McLean; Shawn Armbrust ; Parisa Dehghani-Tafti ; Hogan Lovells U.S. LLP; Mid-Atlantic Innocence Project, on briefs), for petitioner.

Kenneth T. Cuccinelli, II , Attorney General ( Alice T. Armstrong , Assistant Attorney General II, on briefs), for respondent.

Before HUMPHREYS, ALSTON, and CHAFIN, JJ.

Upon a Petition for a Writ of Actual Innocence

Johnathan Christopher Montgomery ("Montgomery") petitions this Court to grant a writ of actual innocence based on non-biological evidence pursuant to Code §§ 19.2-327.10 through 19.2-327.14. Montgomery seeks to vacate his 2009 convictions for forcible sodomy, aggravated sexual battery, and animate object sexual penetration. In support of his petition, Montgomery proffers newly-discovered evidence —...

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