Constitutional challenge to statute is 'actual controversy'

Where appellant inmate challenged a statute’s constitutionality, the trial court erred by ruling appellant did not present an “actual controversy” to the court. Background “Edwards, an inmate, was charged under Virginia Department of Corrections (VDOC) Operating Procedure (‘OP’) 861.1 for violating disciplinary offense code 213, ‘failing to follow institutional count procedures or interfering with count.’ ...

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Roanoke County , Virginia , United States , , Circuit Court , Supreme Court , Virginia Department Of Corrections , Virginia Department , Operating Procedure , Virginia Constitution Article , Power Clause , Constitutional , Judge Kimberleys White , Virginia Court Of Appeals ,