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DAVIS v. JOHNSON

Record No. 070376.

652 S.E.2d 114 (2007)

Rodney C. DAVIS v. Gene M. JOHNSON, Director, Virginia Department of Corrections.

Supreme Court of Virginia.

November 2, 2007.

Attorney(s) appearing for the Case

David B. Hargett (Hargett & Watson, on brief), Glen Allen, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee

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

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, a petitioner challenges a circuit court's judgment dismissing with prejudice his petition for a writ of habeas corpus. The primary issue we consider is whether the circuit court abused its discretion in denying the petitioner's request to dismiss his claims without prejudice, pursuant to Bowman v. Washington, 269 Va. 1, 605 S.E.2d 585

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