Court of appeals still working on writs of actual innocence

In In re Neal and In re Bui, the Virginia Court of Appeals denied writs of actual innocence, because the petitioners were relying on legal rather than evidentiary arguments or because the evidence was available prior to their conviction.

Hoping that other lawyers and petitioners will get the hint, the opinions conclude: "Because the issues addressed herein are of first impression and potential litigants and members of the bar may benefit from the directives herein, we direct the Clerk to publish this order."