Opinion
220499
03-07-2023
TERRENCE JEROME RICHARDSON v. COMMONWEALTH OF VIRGINIA
Jarrett Adams and Sarah A. Hensley (The Law Offices of Jarrett Adams, PLLC) for appellant. Brandon T. Wrobleski and Theophani K. Stamos (Office of the Attorney General) for appellee.
The Court of Appeals of Virginia.
Jarrett Adams and Sarah A. Hensley (The Law Offices of Jarrett Adams, PLLC) for appellant.
Brandon T. Wrobleski and Theophani K. Stamos (Office of the Attorney General) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
I. The Court of Appeals erred by finding due diligence lacking, where the record evinced that law enforcement willfully concealed the new evidence at issue from Mr. Richardson, his trial counsel, and the Commonwealth's Attorney.
II. The Court of Appeals erred, because it made factual findings from an unclear record rather than order an evidentiary hearing as this Court mandated it must in Dennis v. Commonwealth, 297 Va. 104, 130-32, 823 S.E.2d 490, 503-04 (2019).
III. The Court of Appeals erred in finding that a rational factfinder would convict Mr. Richardson, where no credible evidence supported his conviction but his guilty plea, and a federal jury acquitted him of the same wrongful conduct.
IV. The Court of Appeals erred in allowing the Commonwealth to approbate and reprobate in defiance of centuries of Virginia jurisprudence.