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HAYNESWORTH v. COM.

Record Nos. 0223-11-2, 0224-11-2.

717 S.E.2d 817 (2011)

59 Va. App. 197

Thomas HAYNESWORTH, Petitioner, v. COMMONWEALTH of Virginia, Respondent. Thomas Haynesworth, Petitioner, v. Commonwealth of Virginia, Respondent.

Court of Appeals of Virginia.

December 6, 2011.

Attorney(s) appearing for the Case

Shawn Armbrust ( Ellen S. Kennedy ; Thomas J. Widor ; Peter Neufeld ; Olga Akselrod ; Mid-Atlantic Innocence Project; Hogan Lovells U.S. LLP; The Innocence Project, Inc., on briefs), for petitioner.

Kenneth T. Cuccinelli, II , Attorney General ( Alice T. Armstrong , Assistant Attorney General II, on briefs), for respondent.

Before Chief Judge FELTON, Judges ELDER, FRANK, HUMPHREYS, KELSEY, HALEY, PETTY, BEALES, ALSTON, and HUFF.

Upon a Hearing En Banc.

Upon Petitions for Writ of Actual Innocence.

The Court has considered the petitions, the response by the Commonwealth, the records of these cases, and the record of the oral argument before the en banc Court on September 27, 2011, and finds that these petitions should be granted under Code § 19.2-327.13. Accordingly, this Court hereby grants the petitions, issues writs of actual innocence, and vacates the defendant's...

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