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LAHEY v. JOHNSON

Record No. 110552.

720 S.E.2d 534 (2012)

283 Va. 225

Mark F. LAHEY v. Gene M. JOHNSON, Director.

Supreme Court of Virginia.

January 13, 2012.

Attorney(s) appearing for the Case

David B. Hargett , Glen Allen, for appellant.

Robert H. Anderson, III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Leah A. Darron , Senior Assistant Attorney General, on brief), for appellee.

Present: All the Justices.

OPINION BY ELIZABETH A. McCLANAHAN.

Mark F. Lahey challenges on appeal the circuit court's order dismissing his petition for a writ of habeas corpus as time-barred under the statute of limitations set forth in Code § 8.01-654(A)(2). Lahey submitted his habeas petition for filing on the last day of the limitations period, but did not complete payment of the filing fee until days later. The circuit court dismissed the petition as untimely under Code § 8.01...

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