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Read the Ruling by the Virginia Court of Appeals
Safeguards in the Twenty-First Century, 2006 Wis. L. Rev. 479, 514 (2006); Gisli H. Gudjonsson, The
Science-Based Pathways to Understanding False Confessions and Wrongful Convictions, 12 Frontiers
Psychol. Feb. 2021. Further, Grimm presents a report from Dr. Richard Leo, Ph.D., J.D. Dr. Leo is a subject
matter expert in false confessions and reviewed both the content and context of Grimm’s confession.
DECISIONAL STANDARD
“A person seeking a writ of actual innocence faces a daunting task; the process begins not with a
presumption that a petitioner is innocent, but rather, that he or she is guilty.” Haas v. Commonwealth, 74
Va. App. 586, 624 (2022); see also Tyler v. Commonwealth, 73 Va. App. 445, 459 (2021) (recognizing that
this Court begins “with the presumption that [petitioner]’s conviction, the result of a full criminal trial that
has been affirmed on direct appeal, is correct”). “Because the petition is filed with us in the first instance, we
are not reviewing a judgment below in the traditional appellate sense, and consequently, there is no appellate
standard of review to apply.” Tyler, 73 Va. App. at 458. “Rather, actual innocence petitions ‘present[] one of
the rare situations in which the General Assembly has charged an appellate court with engaging in factual
222
evaluation.” Id. (alteration in original) (quoting Dennis v. Commonwealth, 297 Va. 104, 127 (2019)).
Therefore, “[s]itting ‘as a court of original jurisdiction[,]’ we have ‘the same authority to weigh and
evaluate documentary and physical evidence as a trial court would have.” Id. at 458-59 (second alteration in
999
original) (quoting Haas v. Commonwealth, 283 Va. 284, 292 (2019)). In exercising such jurisdiction, this
Court must consider “the record of any trial or appellate court action,” Code § 19.2-327.11(D), and “the
petition, the response by the Commonwealth, previous records of the case, the record of any hearing held
under this chapter, and, if applicable, any findings certified from the circuit court pursuant to an order issued
under this chapter[.]” Code § 19.2-327.13. The purpose of this review is “to allow us to perform the fact-
finding function the General Assembly assigned us in the statutory scheme-determining whether the
petitioner has produced sufficient new evidence to establish the statutory requirements to the requisite level of
proof to warrant overturning a presumptively valid conviction.” Tyler, 73 Va. App. at 459.
– 11 –
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Video: Can Democrats Overcome G.O.P. Gerrymandering?
new video loaded: Can Democrats Overcome G.O.P. Gerrymandering?
By Nate Cohn, Laura Bult, June Kim, Edward Vega and Pierre Kattar
June 11, 2026
News
A Nebraska immigration raid shut businesses down a year ago. The fallout is ongoing, officials say.
The results echo some of the findings from recent nationwide workforce studies on the economic impact of last year’s immigration raids.
A Brookings Institution study found that last year’s immigration enforcement surge across the nation cost 668,000 jobs, and those losses affected both immigrant and U.S.-born workers. Another study from the University of Colorado Boulder found immigration enforcement didn’t expand opportunities for U.S.-born workers and instead reduced employment for some of them.
‘Unlike anything we had ever seen’
Of the 76 people immigration authorities arrested at Glenn Valley Foods, close to 10 self-deported, Garcia told NBC News on Tuesday. Others who were also detained were eventually granted bond and reunited with their families, though many of them are still facing immigration proceedings.
“They have this constant pressure of being tied up in that system that might ultimately lead to deportation eventually,” said Garcia, who is the first Latino commissioner of Douglas County, where Omaha is located.
Garcia’s family was also among those directly affected by the raids. His wife’s aunt was among the meatpacking workers taken into immigration custody.
The woman, a mother of three U.S.-born children, spent a couple of months in detention before she was released on bond. Garcia said his wife’s aunt was granted a temporary work permit — alongside others who had been detained — while they wait for their next immigration court hearing.
Luis Mejía, 20, said he went to work last June at Glenn Valley Foods “thinking it would be a normal day.” The Nebraska native who was raised in South Omaha said everything changed that morning when immigration officers entered their workplace.
As some ran away in fear, Mejía’s immigrant mother hugged him and told him to take care of his younger siblings. Then, she ran with the others.
Meanwhile, immigration officers asked Mejía to show proof of U.S. citizenship.
“I didn’t know how to do that since I’ve never been asked that before. I looked at the officer with confusion and told him I was born here,” Mejía recalled. The officers cleared him to go after looking him up in their system.
A couple of hours after authorities let him go, Mejía received a call from his mother, telling him she had been detained. After that, Mejía didn’t hear from her for a few days while she was in detention.
She was one of the at least 63 workers who were taken to the Lincoln County Detention Center, four hours away.
The situation forced Mejía and his older brother to provide for their two younger siblings while not knowing if they would get to see their mother again.
News
We Keep Us Safe: The Standoff : Embedded
EPISODE 2: In the summer of 2020, protests are happening all across the country. But Seattle is different. A confrontation between protestors and police outside a precinct leads to the birth of CHOP. A thousand miles away, Antonio Mays Jr. hears about what’s happening in Seattle. He was shot and killed there three weeks later.
Listen to Embedded wherever you get your podcasts, including NPR App, Apple Podcasts, Pocket Casts, Spotify, and RSS.
Support journalism like this by signing up for NPR+ at plus.npr.org
Additional reporting by David Gutman. Produced by Dan Girma, with Adelina Lancianese and Abby Wendle. Edited by Luis Trelles, Laura Greanias and Katie Simon. Fact checking and research by Dania Suleman and Miyoko Wolf. Mastering by Jimmy Keeley.
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