Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-327.12 Determination by Court of Appeals for findings of fact by the circuit court
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§ 19.2-327.12. Determination by Court of Appeals for findings of fact by the circuit court
If the Court of Appeals determines from the petition, from any hearing on the
petition, from a review of the records of the case, or from any response from
the Attorney General that a resolution of the case requires further
development of the facts, the court may order the circuit court in which the
order of conviction was originally entered to conduct a hearing within 90
days after the order has been issued to certify findings of fact with respect
to such issues as the Court of Appeals shall direct. The record and certified
findings of fact of the circuit court shall be filed in the Court of Appeals
within 30 days after the hearing is concluded. The petitioner or his attorney
of record, the attorney for the Commonwealth and the Attorney General shall
be served a copy of the order stating the specific purpose and evidence for
which the hearing has been ordered.
(2004, c. 1024.)
Sections: 19.2-327.10 19.2-327.11 19.2-327.12 19.2-327.13 19.2-327.14
Last modified: April 3, 2009
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