Conley v. Commonwealth

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Russell and Lacy, S.JJ. DONALD JOSEPH CONLEY OPINION BY v. Record No. 120139 SENIOR JUSTICE CHARLES S. RUSSELL November 1, 2012 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA This appeal presents the question whether an equally divided Court of Appeals, sitting en banc, may reverse a judgment previously entered by a panel of that Court. 1 The question arises in the context of a petition for a writ of actual innocence brought within the original jurisdiction of the Court of Appeals. Facts and Proceedings In…