Walton v. Clarke (U)

After being granted 30 days from May 6, 2016 to amend his petition to comply with Code § 8.01-655(B), the petitioner mailed his amended petition to the circuit court on June 3, 2016. However, the circuit court advised him that it never received the amended petition and dismissed his cause.

But after the record was transmitted to the Supreme Court, the circuit court clerk was able to locate the amended habeas petition, postmarked June 3, 2016 and stamped as received by the circuit court clerk’s office on the morning of June 6, 2016.

Reversed and remanded.

Walton v. Clarke (U), No. 171078, Oct. 4, 2018. SCV (per curiam) from City of Richmond.

Categories: Opinions, Supreme Court of Virginia, Unpublished


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