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SMITH v. BROWN

Record No. 141487.

781 S.E.2d 744 (2016)

Eldesa C. SMITH v. Tammy BROWN, Warden, Virginia Department of Corrections.

Supreme Court of Virginia.

February 12, 2016.

Attorney(s) appearing for the Case

Gregory R. Sheldon (Bain Sheldon, on brief), Richmond, for appellant.

Donald E. Jeffrey, III, Senior Assistant Attorney General (Mark R. Herring, Attorney General; Steven A. Witmer, Senior Assistant Attorney General, on brief), for appellee.

Present: All the Justices.

Eldesa C. Smith appeals a dismissal by the circuit court of her habeas corpus petition. The court dismissed the petition on the pleadings without receiving evidence ore tenus or by affidavit. We reverse the dismissal order, remand the case for the presentation of evidence, and direct the circuit court to reconsider...

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