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CONLEY v. COM.

Record No. 120139.

733 S.E.2d 927 (2012)

284 Va. 691

Donald Joseph CONLEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 1, 2012.

Attorney(s) appearing for the Case

Andrew G. Wiggin , Chesapeake, for appellant.

Eugene Murphy , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and RUSSELL and LACY, S.JJ.

Opinion by Senior Justice CHARLES S. RUSSELL.

This appeal presents the question whether an equally divided Court of Appeals, sitting en banc, may reverse a judgment previously entered by a panel of that Court.1 The question arises in the context of a petition for a writ of actual innocence brought within the original jurisdiction of the Court of Appeals.

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