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ALTIZER v. COM.

Record No. 1280-13-3.

757 S.E.2d 565 (2014)

63 Va. App. 317

James Robert ALTIZER, Petitioner, v. COMMONWEALTH of Virginia, Respondent.

Court of Appeals of Virginia.

May 6, 2014.

Attorney(s) appearing for the Case

Keith William Diener , Alexandria (Art of Lawyering PLLC, on briefs), for petitioner.

Susan Mozley Harris , Assistant Attorney General ( Mark R. Herring , Attorney General, on briefs), for respondent.

Before FRANK, HUMPHREYS and CHAFIN, JJ.

Upon a Petition for a Writ of Actual Innocence.

James Robert Altizer ("Altizer") petitions this Court to grant a writ of actual innocence based on non-biological evidence pursuant to Code §§ 19.2-327.10 through 19.2-327.14. Altizer seeks to vacate his February 2, 2009 conviction for forcible sodomy in violation of Code § 18.2-67.1. In support of his petition, Altizer proffers three witnesses' affidavits that purportedly demonstrate the minor-victim...

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