W.D.Va.: Proving the Heck bar requires defs to put copies of underlying documents into the record

Defendants don’t get the benefit of a Heck bar without putting the papers of the underlying case into evidence. “As stated, court records online indicate that two felony drug charges have been dismissed. Without copies of relevant court documents and focused facts and argument about the application of Heck in light of Routon’s plea agreement, the court concludes that Dameron and Norton are not entitled to dismissal of any claims under Heck.” Routon v. Overton, 2019 U.S. Dist. LEXIS 54060 (W.D. Va. Mar. 29, 2019).*

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