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HAAS v. LEE

Record No. 010310.

560 S.E.2d 256 (2006)

263 Va. 273

Michael HAAS v. Jack LEE, Warden, Keen Mountain Correctional Center.

Supreme Court of Virginia.

March 1, 2002.

Attorney(s) appearing for the Case

Steven D. Benjamin, Richmond (Gerald T. Zerkin, Richmond; Melanie A. Moore; Betty Layne DesPortes; Benjamin & DesPortes; Gerald T. Zerkin & Associates, on briefs), for appellant.

John H. McLees, Senior Asst. Atty. Gen. (Randolph A. Beales, Atty. Gen., on brief), for appellees.

Present: All the Justices.

Opinion by Justice LEROY R. HASSELL, SR.

The sole issue that we consider in this appeal is whether the circuit court properly dismissed a petition for writ of habeas corpus because it was not filed timely pursuant to

Code § 8.01-654(A)(2). This statute, which became effective July 1, 1998, states:

"A petition for writ of habeas corpus ad subjiciendum, other than a petition challenging a criminal conviction...

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