Legal Opinion

In re: Phillips

Supreme Court of Virginia

Decided December 13, 2018No. Record 171438PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY CHIEF JUSTICE DONALD W. LEMONS

Upon consideration of the petition for a writ of actual innocence filed October 31, 2017, the brief and supplemental authority in support of the petition, the respondent's motion to dismiss, Phillips' reply to the motion to dismiss, the respondent's response, Phillips' motion for a nonsuit, and the respondent's response to the motion, the Court is of the opinion the motion for a nonsuit should be denied, the motion to dismiss should be granted, and the writ should not issue.

I. Facts and Proceedings

Phillips challenges his 1991 convictions from the…

2Cases cited11 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Herrera v. CollinsSupreme Court of the United States · 1993
  3. Kansas v. HendricksSupreme Court of the United States · 1997
  4. Shivaee v. Com.Supreme Court of Virginia · 2005
  5. RF & P CORP. v. LittleSupreme Court of Virginia · 1994

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3Cited by1 opinion

  1. BROXTON v. THE STATE (Two Cases)Supreme Court of Georgia · 2019

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