The Virginia attorney general’s office has eliminated one of its two options for appealing a court’s decision vacating a death row inmate’s conviction and sentence.Justin Wolfe was convicted of hiring someone to kill his marijuana supplier in 2001. A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled Aug. 16 that Wolfe’s conviction should be vacated and he should be freed from prison because prosecutors withheld evidence that would have discredited their key witness — the triggerman who testified against Wolfe, but later recanted.
Thursday was the deadline if the attorney general’s office wanted to appeal the panel’s decision to the full federal appeals court. Brian Gottstein, a spokesman for Attorney General Ken Cuccinelli, said that option was ruled out.
However, he said no decision has been made on whether to appeal to the U.S. Supreme Court. The deadline for that is mid-November.
The state also could accept the panel’s decision and either let Wolfe go free or retry him.
Wolfe’s attorney, Ashley Parrish, said he was pleased with the decision not to seek a rehearing in the appeals court.
“We hope it’s an indication they don’t intend to seek further review from the Supreme Court and will reach the right decision of letting Justin Wolfe go home to his family,” Parrish said.
Earlier coverage of Justin Wolfe'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.
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