Trevathan v. CommonwealthAnnotate this Case
The Supreme Court dismissed Petitioner's habeas corpus petition without prejudice to Petitioner filing a habeas petition challenging Va. Code 19.2-169.3(F) or his seeking expedited review so as to permit timely resolution of his claim, holding that Petitioner's petition must be dismissed.
Petitioner challenged the legality of his confinement under a circuit court order ordering him to periods of confinement in a state psychiatric hospital for "continued treatment" and requested dismissal of his capital murder indictment. Since filing this habeas petition, Petitioner's confinement pursuant to the order had ended and twice received evidence and reexamined whether Petitioner satisfied the factual requirements of Va. Code 19.2-169.3(F). The Supreme Court dismissed the petition, holding that because Petitioner was not currently detained pursuant to the challenged order or the evidence supporting it, a determination by the Court that the order was incorrect or improper could not directly impact Petitioner's present confinement.