"Death penalty case still stirring," is the Wilmington News Journal report written by Sean O’Sullivan.
The state’s effort to reinstate the death penalty against a man whose conviction was overturned 11 months ago is headed back to the Delaware Supreme Court.
Superior Court Judge John A. Parkins Jr. ruled Wednesday in a 15-page opinion that police and prosecutors did not provide critical information to attorneys who represented Jermaine Wright 20 years ago, as they were required to do.
Wright was convicted and sentenced to death for the 1991 slaying of liquor store clerk Phillip Seifert.
The ruling by Parkins essentially affirms his decision in January 2012 to overturn Wright’s conviction and death sentence.
Prosecutors appealed that decision, saying that Wright’s attorneys were aware of the evidence – relating to a similar robbery at a different liquor store on the night of the homicide – and the Delaware Supreme Court sent the matter back to Parkins for additional investigation.
It is not clear if the Delaware Supreme Court will now rule on the appeal or ask for additional briefs or argument from attorneys.
Earlier coverage of Jermaine Wright's case begins at the link.
Related posts are in the prosecutorial misconduct category index. The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. Maryland; more via Oyez.