Turner v. Commonwealth

Upon a Rehearing En Banc

Upon a Petition for a Writ of Actual Innocence

Dustin Allen Turner petitioned this Court for a writ of actual innocence based upon newly-discovered, non-biological evidence, pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia, alleging that his 1996 convictions for the abduction with intent to defile and murder of Jennifer L. Evans should be vacated because in 2002 Billy Joe Brown, who was convicted of these same crimes,1 confessed that he acted alone in killing Evans. This Court remanded the matter to the circuit court to certify findings regarding factual…