In Re Neal

Howard Frank Neal petitions this Court for a Writ of Actual Innocence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia, and he contends he is innocent of the offenses of statutory burglary and attempted robbery. He was convicted in the Circuit Court of the City of Roanoke on January 11,1993.

As one basis for this petition, Neal states that the evidence produced at trial was insufficient to support his convictions and double jeopardy principles barred his conviction of both offenses. However, Chapter 19.3 allows review only based on previously unknown or unavailable non-biological…