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DENNIS v. COMMONWEALTH

Record No. 0774-17-1.

838 S.E.2d 576 (2020)

71 Va. App. 626

Nathaniel DENNIS, Petitioner, v. COMMONWEALTH of Virginia, Respondent.

Court of Appeals of Virginia.

March 10, 2020.

Attorney(s) appearing for the Case

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

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

Before Chief Judge Decker, Judges Humphreys and O'Brien.

Nathaniel Dennis ("Dennis") petitions this Court for a Writ of Actual Innocence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia. Dennis was convicted in the Circuit Court of the City of Newport News ("circuit court") on May 20, 1998, of aggravated malicious wounding, attempted murder, and using a firearm in the commission of a felony.

I. BACKGROUND

On the night of October 8, 1997, Lynwood Harrison ("Harrison"), a supervisor at the...

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