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State court of last resort · ST-VA-SC
Davis v. Johnson
No. 070376Supreme Court of Virginia
070376 Davis v. Johnson 11/02/2007 The record refutes a habeas corpus petitioner's claim that the trial court failed adequately to consider a supplemental submission, and no abuse of discretion is found in the…
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070376 Davis v. Johnson 11/02/2007 The record refutes a habeas corpus petitioner's claim that the trial court failed adequately t…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 2, 2007
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070376 Davis v. Johnson 11/02/2007 The record refutes a habeas corpus petitioner's claim that the trial court failed adequately to consider a supplemental submission, and no abuse of discretion is found in the circuit court's consideration of the remaining habeas claims after a belated appeal was granted to the petitioner on other points. The circuit court had discretion to determine, where the record was sufficient, whether the remaining habeas claims were sufficient as a matter of law, were procedurally barred, or should be dismissed without prejudice. There was no across-the-board requirement flowing from the grant of a belated appeal that the remaining claims be dismissed without prejud…
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