"Justin Michael Wolfe reversal upheld by appeals court," is the AP report via WLJA-TV.
A federal appeals court has affirmed a judge's decision to toss out a Prince William County man's murder-for-hire conviction and death sentence.
A three-judge panel of the 4th U.S. Circuit Court of Appeals said Thursday that it found no error in a federal judge's ruling that Justin Michael Wolfe was wrongfully convicted in the 2001 slaying of his marijuana supplier, Daniel Petrole Jr.
The triggerman, Owen Barber IV, in 2005 recanted his original testimony that Wolfe hired him to kill Petrole.
After a four-day evidentiary hearing last year, U.S. District Judge Raymond A. Jackson of Norfolk found Barber's recantation credible and ruled that prosecutors improperly suppressed several pieces of evidence.
The Fouth Circuit panel's opinion in Wolfe v. Clarke is available in Adobe .pdf format.
Statement of Ashley Parrish, Attorney for Justin Wolfe on Fourth Circuit’s Affirmance Of the District Court’s Vacation of his Conviction and Death Sentence:
"We are pleased with today’s decision from the U.S. Court of Appeals for the Fourth Circuit affirming the district court’s grant of habeas corpus relief vacating Justin Wolfe’s convictions and death sentence. We are hopeful that in light of the Fourth Circuit’s decision, the Commonwealth will stop pursuing this wrongful conviction and will allow Justin to return home to his family."
"Appeals court affirms overturning of Justin Wolfe's death sentence," is Amanda Stewart's Inside NoVA post.
A federal appeals court Thursday issued a ruling affirming a lower court's decision to overturn the conviction and death sentence of Justin Wolfe.
Wolfe, of Chantilly, was convicted by a jury in Prince William Circuit Court in 2002 and sentenced to death for the murder-for-hire of Daniel Robert Petrole, Jr.
A three-judge panel of the 4th U.S. Circuit Court of Appeals heard arguments in Wolfe's case in May.
U.S. District Judge Raymond Jackson threw out Wolfe's conviction last July, saying the prosecution suppressed evidence and knowingly used false testimony from its star witness, shooter Owen Barber.
In a statement issued Thursday, Wolfe's mother, Terri Steinberg said she is "grateful" for the latest court ruling.
"We are grateful to the courts for doing justice in Justin's case. Justin is innocent. He has spent 11 years in prison for a crime he did not commit. It is time for the Commonwealth to stop pursuing this wrongful conviction and for Justin to come home to his family," she said in her statement.
It was unclear Thursday afternoon if and when Wolfe would be released from prison.
Virginians for Alternatives to the Death Penatly has issued a statement issued by the Death Penalty Information Center, "U.S. COURT OF APPEALS VACATES CONVICTION AND DEATH SENTENCE OF JUSTIN WOLFE."
Earlier coverage of the Justin Wolfe 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.
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