Legal Opinion

Neal v. Commonwealth's Attorney

Virginia Circuit Court

Decided January 3, 2003No. Case No. CL02000936PublishedCited by 1 opinion

1Opinion of the Court

By Judge Clifford R. Weckstein

Howard F. Neal, who was convicted in 1993 of statutory burglary and attempted grand larceny, returns to the trial court pursuant to 2001 legislation. By motion filed on September 6, 2002, he seeks (a) a new scientific investigation of human biological evidence related to the case, pursuant to Virginia Code § 19.2-327.1; and (b) storage, preservation and retention of human biological evidence collected in the case, under Code § 19.2-270.4:1. For reasons that follow, the court grants the second motion but denies the first.

Convicted in a bench trial, Neal was…

2Cases cited8 opinions

Strickland v. WashingtonSupreme Court of the United States · 1984
Schlup v. DeloSupreme Court of the United States · 1995
Herrera v. CollinsSupreme Court of the United States · 1993
Ross v. MoffittSupreme Court of the United States · 1974
Calderon v. ThompsonSupreme Court of the United States · 1998

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Neal v. Commonwealth's Attorney of RoanokeRoanoke County Circuit Court · 2006