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.
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