Legal Opinion

John Arthur Livesay v. Commonwealth of Virginia

Court of Appeals of Virginia

Decided May 27, 2025No. 1141232Published

1Opinion of the Court

VIRGINIA: PUBLISHED In the Court of Appeals of Virginia on Tuesday the 27th day of May, 2025. John Arthur Livesay, Petitioner, against Record No. 1141-23-2 Commonwealth of Virginia, Respondent. Upon a Petition for a Writ of Actual Innocence Before Judges O’Brien, Raphael, and Lorish In January 1998, John Arthur Livesay entered an Alford1 plea for first-degree murder and for using a firearm in committing that murder. He was sentenced to 53 years of incarceration. In 2023, Livesay petitioned, pro se, for a writ of actual innocence based on non-biological evidence. See Code §§ 19.2-327.10 to…

2Cases cited16 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Kenneth L. Wilson v. Fred W. Greene, Warden, Mecklenburg Correctional CenterCourt of Appeals for the Fourth Circuit · 1998
  3. Rozzelle v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  4. Essex v. CommonwealthSupreme Court of Virginia · 1984
  5. Epperly v. CommonwealthSupreme Court of Virginia · 1982

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