In re Phillips

Upon consideration of Darnell Phillips’ petition for a writ of actual innocence, Respondent’s motion to dismiss, and Phillips’ motion for a nonsuit, the Supreme Court decided that the writ of actual innocence will not issue, the motion for nonsuit will be denied, and the petition will be dismissed.Phillips challenged his convictions for abduction with intent to defile, rape, forcible sodomy, and malicious wounding. After testing conducted by a private laboratory and resulting report submitted by a forensic scientist, Phillips filed his current petition for a writ of actual innocence. Thereafter, the Supreme Court decided In re Brown, 295 Va. 202, 225 (Va. 2018). Because the holding was not favorable to Phillips, he moved to nonsuit his petition. The Supreme Court denied the motion for nonsuit and dismissed the petition for writ of actual innocence, holding (1) Phillips’ petition was not a civil action to which the nonsuit statute applies; and (2) the petition must be dismissed for failure to state a claim. View "In re Phillips" on Justia Law