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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Brown v. Booker
Citation:
826 S.E.2d 304 (Va. 2019)Facts
Sherman Brown was convicted of murder prior to July 1, 1998. In 2016, Brown simultaneously filed a petition for writ of actual innocence and a petition for writ of habeas corpus. The actual innocence petition was dismissed by the Supreme Court of Virginia in 2018 because the DNA tests were conducted by a private laboratory not certified by the Commonwealth’s Department of Forensic Science, and Brown failed to prove by clear and convincing evidence that no rational factfinder would find him guilty. In his habeas corpus petition, Brown asserted that new evidence based on advances in forensic science revealed flaws in hair and fiber evidence admitted at trial and that new DNA evidence exculpated him. Brown acknowledged his petition was untimely under Code § 8.01-654(A)(2), which required him to file by July 1, 1999, but argued the limitation period violated the Suspension Clause because his claims were based on newly-discovered evidence.
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