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TURNER v. COM.

Record No. 1836-07-1.

680 S.E.2d 312 (2009)

54 Va. App. 458

Dustin Allen TURNER, Petitioner, v. COMMONWEALTH of Virginia, Respondent.

Court of Appeals of Virginia.

August 4, 2009.

Attorney(s) appearing for the Case

David B. Hargett (Hargett Law, PLC, on brief), Glen Allen, for petitioner.

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

Before ELDER and POWELL, JJ., and COLEMAN, Senior Judge.

Dustin Allen Turner (Turner) petitions this Court for a Writ of Actual Innocence Based Upon Non-biological Evidence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia. Turner was convicted of the abduction with intent to defile and murder of Jennifer L. Evans in the Circuit Court of the City of Virginia Beach on September 5, 1996. In a prior proceeding, Billy Joe Brown was convicted of these same crimes, as well as attempted rape. In 2002, Brown gave a taped interview...

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