Jackson v. Commonwealth

VIRGINIA:
In the Supreme Court of Virginia held at the Supreme Court
Building in the City of Richmond on Friday, the 21st day of April,
2000.
Chauncey Jacob Jackson, 	Petitioner,
against 	Record No. 991477
Warden of the Sussex I
State Prison, 	Respondent.
Upon a Petition for Rehearing
On consideration of the petition of the petitioner to set aside
the judgment rendered herein on the 18th day of November, 1999 and
grant a rehearing thereof, it is ordered that the said judgment
dismissing the petition be reversed and set aside and a rehearing is
granted.
On consideration of the pleadings filed in this case, the Court
is of opinion that the Circuit Court of the City of Norfolk never
acquired jurisdiction to try the petitioner for capital murder and
five companion felonies. 	David Allen Moore v. Commonwealth, 259 Va.
431, ____ S.E.2d ____ (2000). 	Accordingly, a writ of habeas corpus
is awarded the petitioner and petitioner's convictions for capital
murder, attempted robbery, conspiracy to commit robbery, two counts
of use of a firearm in the commission of a felony and receipt of
stolen property are vacated. 	This matter is remanded to the Circuit
Court of the City of Norfolk for a new trial if the Commonwealth be
so advised.

The Clerk of this Court shall certify copies of this order
to the petitioner, to the respondent, to the Clerk of the Circuit
Court of the City of Norfolk, and to the Attorney General of
Virginia, which certification shall have the same force and effect as
if a writ of habeas corpus were formally issued and served.
A Copy,
Teste:
David B. Beach,
Clerk