§ 19.2-327.10 Issuance of writ of actual innocence based on nonbiological evidence
§ 19.2-327.10:1 Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
§ 19.2-327.11 Contents and form of the petition based on previously unknown or unavailable evidence of actual innocence
§ 19.2-327.12 Determination by Court of Appeals for findings of fact by the circuit court
§ 19.2-327.13 Relief under writ
§ 19.2-327.14 Claims of relief

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Terms Used In Virginia Code > Title 19.2 > Chapter 19.3 - Issuance of Writ of Actual Innocence Based on Nonbiological Evidence

  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • state agency: means the same as that term is defined in § Virginia Code 1-206
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Voter: means a qualified voter as defined in § Virginia Code 15.2-102
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.