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In re: Phillips
171438 In re: Phillips 12/13/2018 Upon consideration of the petition for a writ of actual innocence based upon biological testing evidence, the petitioner's motion for a nonsuit is denied, because such actual …
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171438 In re: Phillips 12/13/2018 Upon consideration of the petition for a writ of actual innocence based upon biological testing…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 13, 2018
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171438 In re: Phillips 12/13/2018 Upon consideration of the petition for a writ of actual innocence based upon biological testing evidence, the petitioner's motion for a nonsuit is denied, because such actual innocence petitions are criminal proceedings to which the civil case nonsuit provisions of Code § 8.01-380 do not apply. On the merits, the testing results on which petitioner relies were prepared by a private laboratory -- not the Department of Forensic Science as required by Code § 19.2-327.1. Consequently, the petition must be dismissed for failure to state a claim, as provided in Code § 19.2-327.5. The writ will not issue and the petition is dismissed.
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