Feb 13, 2020
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Granted Appeal Summary
LESTER B. LYNCH v. BETH CABELL, WARDEN, SUSSEX II STATE
PRISON (Record Number 190048)
Circuit Court for the City of Norfolk; J. Migliozzi, Judge.
Edward A. Fiorella, Jr. (Fraim and Fiorella, P.C.) for
appellant. Rosemary V. Bourne (Office of the Attorney General) for
Assignments of Error
- The trial court erred in failing to consider the Petitioner’s
initial Post-Trial Brief in its ruling.
- The trial court erred in considering only Attorney Anderson’s
hearing testimony in denying Petitioner's Writ of Habeas
- The trial court erred in holding that the Petitioner did not
meet his burden of proving that the Commonwealth suppressed the
statements at issue.
- The trial court erred in interpreting Strickler v. Greene, 527
U.S. 263, 119 S. Ct. 1936 (1999) to require a Petitioner for Writ
of Habeas Corpus to carry the burden to prove that the evidence was
Assignment of Cross-Error
- While the circuit court correctly decided that Lynch failed to
demonstrate that exculpatory evidence was not disclosed, the
circuit court erred in finding that Lynch was prejudiced and had
satisfied the third element of a Brady violation.
Source Document: http://www.courts.state.va.us/courts/scv/appeals/190048.pdf