Carpitcher v. Com.

OPINION BY Justice BARBARA MILANO KEENAN

This appeal arises from the Court of Appeals' dismissal of a petition for a writ of actual innocence based on non-biological evidence, in which a petitioner sought relief based on recantation evidence provided by the victim of the crimes who had given contrary testimony at the petitioner's trial. We primarily consider whether the Court of Appeals correctly applied the statutory provisions governing such petitions, Code §§ 19.2-327.10 through -327.14.

In August 1999, Aleck Jacob Carpitcher was convicted by a jury in the Circuit Court of Roanoke County…