News

United States Court of Appeals for the Fourth Circuit remands Justin Wolfe's habeas case

  • 5/12/2009
  • Death Penalty Representation Project Announcement

On May 11, 2009 in a unanimous opinion, the United States Court of Appeals for the Fourth Circuit remanded Justin Wolfe's habeas case for a determination of his Schlup claim of actual innocence and, if he satisfies that threshold, a merits determination of his defaulted claims on the merits. The appeals court's ruling orders the U.S. District Court to determine whether Wolfe is entitled to an evidentiary hearing.

Judge Robert King wrote that the recantation by the prosecution's main witness strongly suggests that an evidentiary hearing may be warranted, and that "If the district court determines that the case does not preclude an evidentiary hearing, the court must reexamine whether Wolfe has shown that he is entitled to one. If such a hearing is warranted, the court should resolve any factual disputes bearing on the procedural Schlup issue and the substantive Brady and Giglio claims."

With the assistance of Michele J. Brace at the Virginia Capital Resource Center, a team of volunteer attorneys at King & Spalding LLP represented Mr. Wolfe at his direct appeal in 2003 before the US District Court for the Eastern District of Virginia in Norfolk. Congratulations to our volunteers, led by Daniel J. King and Jane C. Luxton, formerly of King & Spalding LLP, for their work on Mr. Wolfe's case!

http://pacer.ca4.uscourts.gov/opinion.pdf/088.P.pdf

Topics:
  • Other Death Penalty