In Re: Hargrove

Syllabus

In 1991, a jury found this petitioner guilty of the rape, sexual abuse, and abduction, and the circuit court sentenced him to 50 years' imprisonment. Over three decades later, in this proceeding he petitions for a writ of actual innocence under Code § 19.2-327.2 et seq., contending that his innocence is established by the absence of his DNA from the victim's underwear, as well as non-biological evidence that purportedly undercuts the victim's credibility. On review, this Court finds that petitioner has failed to show, by a preponderance of the evidence, that no rational factfinder would have found him guilty beyond a reasonable doubt. For the reasons set forth in this opinion, it is concluded that petitioner is not entitled to the relief sought and the Commonwealth's motion to dismiss is granted.