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.

NEWS COVERAGE:
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.

NEWS COVERAGE:
Murder Conviction Most Foul – Slate
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.

NEWS COVERAGE:
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

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.

NEWS COVERAGE:
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.

United States v. James L. Jordan, , Not Guilty by Reason of Insanity

Represented Mr. Jordan in a federal capital murder prosecution in the Western District of Virginia. On April 26, 2021, the Court determined that Mr. Jordan’s mental illness prevented him from appreciating the nature and quality of his actions and found him not guilty by reason of insanity. Mr. Jordan is now receiving treatment for his mental illness.

NEWS COVERAGE:
Appalachian Trail Killer Found Not Guilty by Reason of Insanity – New York Times
New England native accused in 2019 killing on Appalachian Trail found not guilty by reason of insanity – Boston Globe

Commonwealth v. Darcel Murphy, Acquittal

Represented Mr. Murphy in a capital murder trial in Louisa County. On October 1, 2020, Judge Timothy K. Sanner granted a defense motion to strike the evidence at the close of the prosecution’s case, resulting in the dismissal of all charges and a full acquittal.

NEWS COVERAGE:
First, a Virginia judge ordered a Confederate portrait taken down. Then he tossed a murder charge – Pilot Online
Capital murder charge tossed out against Louisa man who had objected to courtroom portrait of Lee – Richmond Times-Dispatch
All charges dismissed in murder case – The Central Virginian
Virginia judge orders Robert E. Lee portrait removed from courtroom ahead of murder trial – The Washington Post
Charges Dismissed in Capital Murder Case – Virginia Lawyers Weekly

United States v. Jermay Smith, Jr., 6.5 year sentence in capital case

Represented Mr. Smith in a capital prosecution in the Western District of Virginia. Mr. Smith ultimately pled guilty and was sentenced to 78 months in prison on August 28, 2020. In Court, Judge Michael Urbanski called DONOVAN & ENGLE’s sentencing memorandum a “masterpiece.”

Hudspeth v. Clarke, Writ of Habeas Corpus Granted

Represented the petitioner in a habeas corpus action challenging his convictions of armed robbery and use of a firearm, and his 18-year prison sentence. Following an evidentiary hearing, the Circuit Court of Fairfax County granted the writ, and vacated the convictions and sentences. The Respondent did not appeal the decision and Fairfax County elected not to re-prosecute the case.

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