In Re Rhodes

Upon a Petition for a Writ of Actual Innocence

Samuel Richard Rhodes petitions this Court for a Writ of Actual Innocence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia. In support of his request for the writ Rhodes contends Acey v. Commonwealth, 29 Va.App. 240, 511 S.E.2d 429. 29 Va.App. 240, 511 S.E.2d 429 (1999), an opinion issued by this Court subsequent to his conviction but during his post-conviction relief efforts, should be applied to the facts of his case. Chapter 19.3 solely allows review of previously unknown or unavailable non-biological evidence. Accordingly, we…