Dennis v. Commonwealth

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider under what circumstances the Court of Appeals abuses its discretion by dismissing a petition for a writ of actual innocence based on nonbiological evidence without referring the matter to a circuit court for an evidentiary hearing.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

This case arises from the Court of Appeals' dismissal of Nathaniel Dennis' petition for a writ of actual innocence based on nonbiological evidence. As discussed below, the petition and its supporting evidence raised substantial factual questions, but the Court…