Bullock v. DIRECTOR OF DEPARTMENT OF CORRECTIONS
This text of 334 S.E.2d 150 (Bullock v. DIRECTOR OF DEPARTMENT OF CORRECTIONS) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*71 Opinion
This is a petition for a writ of habeas corpus filed originally in this court. Marvin Lee Bullock, the petitioner, challenges sentences imposed for criminal convictions in the Circuit Court of the City of Portsmouth.
This Court has original jurisdiction to issue writs of habeas corpus. Code § 17-116.04. However, only “the circuit court which entered the original judgment order of conviction” may issue a writ for one held under criminal process. Code § 8.01-654.
The Supreme Court’s grant of original jurisdiction in habeas corpus matters is not subject to this limitation. See Code §§ 8.01-654 B.1 and 17-97. However, this Court’s grant of jurisdiction in these matters is limited. See Code §§ 8.01-654 B.1 and 17-116.04.
Since only the Supreme Court or the Circuit Court which entered the original judgment order may issue a writ of habeas corpus in this case, the petition for such a writ from this court will be dismissed.
Dismissed.
Baker, J., and Hodges, J., concurred.
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334 S.E.2d 150, 1 Va. App. 70, 1985 Va. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullock-v-director-of-department-of-corrections-vactapp-1985.