In re Vauter

In 2000, Gregory Devon Murphy was indicted for capital murder of a child and two counts of malicious wounding. The Circuit Court of the City of Alexandria found Murphy was incompetent to stand trial, and Murphy received treatment continuing in Central State Hospital in Dinwiddie County. In 2015, Murphy filed a petition for a writ of habeas corpus in the Circuit Court of Dinwiddie County arguing, inter alia, that the Director of Central State Hospital was detaining him without lawful authority. The Director moved to dismiss the petition, arguing that the Dinwiddie Court lacked jurisdiction under Va. Code 8.01-654(B)(1). The court rejected the augment, finding that section 8.01-654(A)(1) permitted the petition to be filed in any circuit court. The Director filed a petition for a writ of prohibition seeking to prevent the Dinwiddie Court from proceeding in Murphy’s habeas matter, arguing that the Dinwiddie Court lacked territorial jurisdiction to hear Murphy’s petition and that she had no other adequate remedy. The Supreme Court denied the requested writ of prohibition, holding that the Dinwiddie Court had jurisdiction over the subject matter of the controversy and the Director had alternative remedies. View "In re Vauter" on Justia Law