EACH OF THE CASES DISCUSSED BELOW AROSE IN AN INDIVIDUAL CONTEXT. CASE RESULTS ALWAYS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
In re: Bennett Barbour, Writ of Actual Innocence Granted
Represented Mr. Barbour in Petition for Writ of Actual Innocence before Supreme Court of Virginia. Mr. Barbour was convicted of a Williamsburg rape in 1978. In 2010, DNA testing as part of Virginia’s Old Case Testing Project eliminated Mr. Barbour and resulted in a cold hit on another convicted sex offender. The Supreme Court of Virginia granted the writ and vacated Mr. Barbour’s conviction.
The Exoneration of Bennett Barbour – Slate
Va. Supreme Court Clears Charles City Co. Man in 1978 Rape – Richmond Times Dispatch
Williamsburg DNA Case Raises Question of Effort – Richmond Times Dispatch
Virginia Supreme Court Exonerates Law School Clinic Client of 1978 Rape – U.Va. Law
UVA Law Clinic Client Feels ‘Vindicated’ as Virginia Supreme Court Clears His Name – U.Va. Law
Justin Wolfe v. Clarke, Writ of Habeas Corpus Granted
With King & Spalding and the Virginia Capital Representation Resource Center, represented Mr. Wolfe in federal habeas corpus proceedings in the Eastern District of Virginia and on appeal to the Fourth Circuit. The District Court granted the writ after finding that the Commonwealth’s Attorneys had engaged in prosecutorial misconduct by withholding exculpatory evidence. The Fourth Circuit affirmed the grant of habeas relief and remanded the case for retrial in state court, where the firm continues to represent him.
Murder Conviction Most Foul – Slate
Death Sentence, Conviction of Innocence Project Clinic Client Overturned – U.Va. Law
Federal Appeals Court Upholds Reversal of UVA Innocence Clinic Client’s Death Sentence – U.Va. Law
E.C. v. Department of Juvenile Justice, Writ of Habeas Corpus Granted
Represented E.C., a juvenile, in state habeas corpus proceedings challenging his convictions for rape and breaking and entering. After his petition was dismissed for lack of jurisdiction and mootness, represented him in appellate proceedings. The Supreme Court of Virginia reversed the circuit court order dismissing the petition, held that the court had jurisdiction over E.C.’s properly-filed habeas petition, and remanded the case to Stafford County for further proceedings. E.C. v. Dept. of Juvenile Justice, 283 Va. 522, 722 S.E.2d 827 (2012). Upon remand, represented E.C. in an evidentiary hearing after which the writ was granted and the convictions were vacated. Shortly thereafter, the Attorney General announced that he would not appeal the decision granting the writ of habeas corpus, and the Stafford Commonwealth’s Attorney announced that he would not re-prosecute the case.
After long legal battle, Va. man removed from sex offenders registry – Washington Post
Wrongly accused rape convict takes case to Va. Supreme Court – Washington Post
Life forever changed by sex-offender list – The Free Lance-Star
Virginia’s High Court Hears Appeal by Innocent UVA Law Clinic Client – U.Va. Law
Virginia Supreme Court Hands Victory to Wrongfully Convicted Man Aided by UVA Law Clinics – U.Va. Law
UVA Law Clinics Help Exonerate Man Convicted of Rape, Ending Seven-Year Struggle – U.Va. Law
Maligie Conteh v. Simons, Writ of Habeas Corpus Granted
Assisted in the representation of Mr. Conteh, who had been convicted of robbery and was facing deportation to Sierra Leone, in state habeas corpus proceedings. The Circuit Court of Fairfax County granted the writ and vacated the conviction, finding that the prosecution had withheld favorable evidence from the Petitioner at his trial. The Commonwealth did not appeal this decision.
Maligie Conteh, whose robbery conviction was overturned, will be tried again – Washington Post
Maligie Conteh – National Registry of Exonerations
Judge Overturns Robbery Conviction of UVA Law Clinic Client Facing Deportation – U.Va. Law
Joshua Andrews v. Commonwealth, Death Sentences Reversed
Represented Mr. Andrews on appeal to the Supreme Court of Virginia following the imposition of five death sentences in Prince William County. The Supreme Court of Virginia found numerous trial errors, reversed all of the death sentences, and remanded the case for a new penalty trial. Was appointed to represent the Defendant in re-trial proceedings. Ultimately settled the case for life in prison without parole.
Killer wants off Va. death row – Washington Post
A Murder is Solved and a Man Avoids Death, Thanks to Unusual Deal Brokered by Clinic Professors – U.Va. Law
Commonwealth v. Jermaine Montgomery, Negotiated Resolution with No Death Sentence
Represented Mr. Montgomery in capital murder trial proceedings in Spotsylvania County. When the Commonwealth’s evidence of alleged post-mortem mutilation of the victim’s corpse was debunked at a pre-trial hearing, settled the case for life in prison without parole.
William Morrisette v. Warden, Writ of Habeas Corpus Granted
Represented this Virginia death row inmate in state habeas corpus proceedings. Supreme Court of Virginia found that Mr. Morrisette had been denied the effective assistance of counsel at the penalty phase of his trial and reversed his death sentence. Also represented Mr. Morrisette at re-trial. Settled the case for a sentence of life without parole.
10-year Morissette saga ends in negotiated life sentence – Virginia Capital Case Clearinghouse
The Innocence Project
Wake-Up Call: The Virginia Innocence Project (Radio Interview) – Charlottesville Podcast Network
‘Miracle’ conviction or one more mistake? – Washington Post
Court suppresses eyewitness ID in capital murder case – The Gazette-Virginian
Death penalty questioned – The Gazette-Virginian