Virginia Code § 19.2-327.11 outlines the specific requirements for filing a petition based on newly discovered or previously unavailable evidence of actual innocence. The law mandates detailed, sworn allegations about the nature of the evidence, its discovery, and its significance to prove innocence. It aims to provide a clear legal process for individuals seeking to overturn wrongful convictions based on new scientific or factual evidence.
The petition must include specific sworn allegations about the crime, the claim of actual innocence, detailed descriptions of new or untested evidence, and explanations of how and when the evidence was discovered or became available.
Yes, the law allows for evidence supported by scientific testing, including untested evidence that has since been tested, to support claims of innocence.
A petitioner can file when the evidence was not known or available at the time of conviction and could not have been discovered with reasonable diligence or was not scientifically testable at that time.
Yes, the petition must be sworn, categorical, and contain detailed allegations about the evidence, its discovery, and its relevance to proving innocence.