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State court of last resort · ST-VA-SC
Hicks v. Dir., Dep't of Corr.
No. 131945Supreme Court of Virginia
131945 Hicks v. Dir., Dep't of Corr. 02/26/2015 In a habeas corpus petition alleging that exculpatory material had been was suppressed, arguments below were not sufficient to alert the habeas court to a claim …
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131945 Hicks v. Dir., Dep't of Corr. 02/26/2015 In a habeas corpus petition alleging that exculpatory material had been was suppr…
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- Supreme Court of Virginia
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- Oct 4, 2026
- Last entry
- Feb 26, 2015
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131945 Hicks v. Dir., Dep't of Corr. 02/26/2015 In a habeas corpus petition alleging that exculpatory material had been was suppressed, arguments below were not sufficient to alert the habeas court to a claim that the tolling provisions of Code § 8.01-229(D) deferred the running of the period to file a habeas application, but in a claim under Brady v. Maryland failure to disclose exculpatory evidence qualifies as obstruction by a defendant preventing filing of a habeas action, making it error for the court below to conclude that the petition was untimely. On this record, which included the defendant's confession, the allegedly withheld evidence could not reasonably put the whole case in suc…
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