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PHILLIPS v. COMMONWEALTH

Record No. 0788-18-1.

820 S.E.2d 892 (2018)

69 Va.App. 555

Darnell PHILLIPS, Petitioner, v. COMMONWEALTH of Virginia, Respondent.

Court of Appeals of Virginia.

December 4, 2018.

Attorney(s) appearing for the Case

Jennifer L. Givens (Innocence Project Clinic, University of Virginia School of Law, on briefs), for petitioner.

Matthew P. Dullaghan, Senior Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for respondent.

Before Judges Beales, O'Brien, and Malveaux.

Darnell Phillips ("petitioner") filed with this Court a Petition for a Writ of Actual Innocence Based on Nonbiological Evidence pursuant to the provisions of Chapter 19.3 of Title 19.2 of the Code of Virginia. Petitioner contends he is innocent of abduction with intent to defile, forcible sodomy, rape, and malicious wounding — the offenses for which he was convicted by a jury in the Circuit Court of the City of Virginia Beach on June 12, 1991. In support of this contention...

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