VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK ) GILBERT MERRITT III, ) ) Petitioner, ) ) v. ) Civil Case No. CL20005864 ) CHADWICK DOTSON, ) CHAIRMAN, VIRGINIA PAROLE BOARD) ) Respondent. ) ORDER DENYING SUPPLEMENTAL MOTION TO DISMISS This matter is before the Court on the Respondent’s Supplemental Motion to Dismiss, submitted on February 11, 2022. Petitioner has responded. The Court entertained oral argument on the Motion on February 22, 2022. Based on the pleadings submitted by the parties, as well as the arguments offered on February 22, 2022, the Court hereby FINDS that Petitioner Gilbert Merritt, III did not waive his right to pursue habeas corpus relief when he accepted the Conditional Pardon granted by Governor Ralph Northam on January 13, 2022. Specifically, in accepting the terms of Paragraph (5) of the Conditional Pardon, Mr. Merritt did not release his pending, or any future, habeas corpus claims. The language of Paragraph (5) of the Conditional Pardon specifically preserves claims and causes of action, such as a claim for writ of habeas corpus, that could result in Mr. Merritt’s exoneration or vacation of his convictions. Furthermore, the parol evidence submitted by Mr. Merritt with his response brief confirms that the intent of all parties was to preserve Mr. Merritt’s right to pursue his petition for writ of habeas corpus, to vacate his conviction, to seek exoneration, and to seek and obtain compensation for his wrongful conviction and incarceration if eligible.
For the foregoing reasons and reasons stated from the bench, the Court hereby DENIES Respondent’s Supplemental Motion to Dismiss. The Clerk is directed to send a copy of this Order to all counsel of record. Mary Jane Hall, Judge March 04, 2022
Dated: ________________, 2022
___________________________ Circuit Court Judge
We ask for this: _/s/ Juliet B. Hatchett _ ___________ Juliet B. Hatchett (VSB No. 95383) Jennifer L. Givens (VSB No. 42269) The Innocence Project at UVA School of Law 580 Massie Road Charlottesville, Virginia 22903 (434) 924-3732 jhatchett@law.virginia.edu jenniferlgivens@law.virginia.edu James F. Neale (VSB No. 43060) MCGUIREWOODS LLP 323 2nd St. SE, Suite 700 Charlottesville, Virginia 22902 (434) 977-2582 (434) 980-2263 (Facsimile) jneale@mcguirewoods.com Counsel for Petitioner Gilbert Merritt, III Seen and objected to for the reasons stated at the hearing and in the attached Objections: _/s/ Victoria Johnson _ ___________ Victoria L. Johnson (VSB No. 68282) Assistant Attorney General/Team Leader Office of the Attorney General 202 North 9th Street Richmond, Virginia 23219 VJohnson@oag.state.va.us Lauren Campbell (VSB No. 81935) Assistant Attorney General Office of the Attorney General 202 North 9th Street Richmond, Virginia 23219 LCampbell@oag.state.va.us Counsel for Respondent Chadwick Dotson
V I R G I N I A: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK
GILBERT MERRITT, IIII, Petitioner, v.
Case No. Docket No.
CL20005864 CR01001688-00/-01
CHADWICK DOTSON, CHAIRMAN, VIRGINIA PAROLE BOARD, Respondent. Respondent’s Objections and Attachment to Order Denying Supplemental Motion to Dismiss, Civil Case No. CL-20005864 The Respondent incorporates by reference his arguments and objections made during the supplemental motion to dismiss hearing on February 22, 2022, and arguments made in the supplemental motion to dismiss, including: Respondent objects to the Court’s finding that the Petitioner, Gilbert Merritt, III, did not waive his right to pursue habeas corpus relief, and specifically did not waive his constitutional claims against the Commonwealth and its officials, when he accepted the Conditional Pardon. Respondent objects to the Court’s determination that Condition Five of the Conditional Pardon is ambiguous. Respondent objects to the Court’s consideration of parol evidence. Respondent objects to the Court’s determination at the hearing that the word “innocence” as used in the parol evidence has a vernacular rather than legal meaning. Respectfully submitted, CHADWICK DOTSON, CHAIRMAN, VIRGINIA PAROLE BOARD, Respondent herein.
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By: ____________________________ VICTORIA JOHNSON, VSB # 68282 Assistant Attorney General LAUREN C. CAMPBELL, VSB # 81935 Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL 202 North Ninth Street Richmond, Virginia 23219 (804) 786-2071 Phone (804) 371-0151 Fax oagcriminallitigation@oag.state.va.us
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