DENNIS v. COMMONWEALTH

Record No. 171599.

823 S.E.2d 490 (2019)

Nathaniel DENNIS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 21, 2019.


Attorney(s) appearing for the Case

Andrew George ( Shawn Armbrust ; Noah Mink ; Elisa Beneze ; Baker Botts ; Mid-Atlantic Innocence Project, on briefs), for appellant.

Alphonso Simon, Jr. , Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

PRESENT: Goodwyn, Mims, McClanahan, Powell, Kelsey, and McCullough, JJ., and Russell, S.J.


In this appeal, we consider under what circumstances the Court of Appeals abuses its discretion by dismissing a petition for a writ of actual innocence based on nonbiological evidence without referring the matter to a circuit court for an evidentiary hearing.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW...

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