Attorneys for Derek Tice from Hogan Lovells US LLP Applaud Latest Decision in “Norfolk Four” Case (April 20, 2011) – Today, the United States Court of Appeals for the Fourth Circuit affirmed a lower court decision overturning the conviction of Derek Tice. Like the court below, the Fourth Circuit ruled that Tice’s constitutional right to effective counsel under the Sixth Amendment had been violated.

“We are extremely pleased with today’s ruling,” said Christopher Handman of Hogan Lovells, who argued the case before the Fourth Circuit. “The Court’s unanimous 47-page opinion powerfully confirms Derek’s innocence and underscores the constitutional errors that infected his conviction,” said Handman.

“Today’s decision shows that time has come for Virginia to correct a travesty of justice and announce that it will not appeal or seek to retry Derek,” said Desmond Hogan, a partner with Hogan Lovells representing Derek. “This is yet another rebuke to the Commonwealth’s case against Derek and the other former servicemen who were wrongly charged and convicted.”

Mr. Tice is one of four former Navy men, commonly referred to as the Norfolk Four, who were sentenced to prison for a crime that they did not commit. The decision comes a year and a half after former Virginia Governor Tim Kaine granted Derek and the two other former sailors who were then in prison a conditional pardon.

The Court’s decision also follows the federal felony conviction in October 2010 of Robert Glenn Ford, the lead detective whose unconstitutional tactics led to the conviction of Derek Tice and the other members of the Norfolk Four.

Hogan went on to say that “today’s decision confirms that the overwhelming evidence of innocence and Detective Ford’s pattern of rampant, unchecked misconduct leaves no doubt that a grave injustice has been suffered by the four former sailors, an injustice that cries out for a remedy. Authorities should immediately concede that the Norfolk Four convictions are invalid and should finally and forever dismiss the charges against them. Justice demands nothing less."

The Fourth Circuit’s Opinion is attached. Contact: Desmond Hogan desmond.hogan@hoganlovells.com Office: 202-637-5493 For additional background about the Norfolk 4, please go to www.Norfolk4.com or contact Laura Burstein at 202-626-6868 (o).