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Tuesday July, 2005.

12th

In Re: Lewis Edward Bowling, Jr., Record No. 1914-04-3

Petitioner.

Upon a Petition for a Writ of Actual Innocence Before Chief Judge Fitzpatrick, Judges Elder and Humphreys

Lewis Edward Bowling, Jr., petitioned this Court for a Writ of Actual Innocence Based Upon Nonbiological Evidence pursuant to Chapter 19.3 of Title 19.2 of the Code of Virginia. Bowling claims he is innocent of statutory burglary and grand larceny, of which he was convicted in the Circuit Court of Pittsylvania County on August 31, 2000. This Court ordered the Attorney General to respond to the petition, appointed counsel to represent Bowling, and permitted Bowling's counsel to reply to the Attorney General's response. Upon consideration of the petition, the Attorney General's response and motion to dismiss, the reply by court-appointed counsel, and the record, this Court denied the motion to dismiss and remanded the matter to the trial court to certify findings of fact regarding factual issues in dispute. The trial court conducted a hearing in this matter and supplied this Court with its certified findings of fact. Upon consideration thereof, we dismiss the petition for failing to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ. See Code

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