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CARPITCHER v. COM.

Record No. 060638.

641 S.E.2d 486 (2007)

Aleck J. CARPITCHER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 2, 2007.

Attorney(s) appearing for the Case

George A. Somerville, (Robert A. Angle; Julia Sullivan; Kelly Makins Baugh; Troutman Sanders, on briefs), Richmond, for appellant.

Virginia B. Theisen, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Michael T. Judge, Senior Assistant Attorney General, on brief), for appellee.

Present: HASSELL, C.J., and LACY, KEENAN, LEMONS, KOONTZ, and AGEE, JJ., and STEPHENSON, S.J.

OPINION BY Justice BARBARA MILANO KEENAN

This appeal arises from the Court of Appeals' dismissal of a petition for a writ of actual innocence based on non-biological evidence, in which a petitioner sought relief based on recantation evidence provided by the victim of the crimes who had given contrary testimony at the petitioner's trial. We primarily consider whether the Court of Appeals correctly applied the statutory provisions governing such petitions, Code §...

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