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TURNER v. COM.

Record No. 1836-07-1.

694 S.E.2d 251 (2010)

56 Va. App. 391

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

Court of Appeals of Virginia.

June 29, 2010.

Attorney(s) appearing for the Case

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

Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for respondent.

Before Chief Judge FELTON, Judges ELDER, FRANK, KELSEY, McCLANAHAN, HALEY, PETTY, POWELL, and ALSTON.

Upon a Rehearing En Banc

Upon a Petition for a Writ of Actual Innocence

Dustin Allen Turner petitioned this Court for a writ of actual innocence based upon newly-discovered, non-biological evidence, pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia, alleging that his 1996 convictions for the abduction with intent to defile and murder of Jennifer L. Evans should be vacated because in 2002 Billy Joe Brown, who was convicted of these same crimes...

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