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Pigs fly in the 4th Circuit

By cdw

Justin Wolfe’s has one of those troubling cases relating to possible innocence.  Today he won a remand from the Fourth Circuit. [W]e vacate [the district court's] disposition of the Brady and Giglio claims, as well as its ruling on the court subpart of the venireman claim. Finally, we remand for a determination of whether an evidentiary hearing and relevant discovery is appropriate; for a resolution of the Schlup issue; for a fresh examination, if warranted, of the Brady claim (and its subparts), the Giglio claim, and the venireman-court subpart; and for such other and further proceedings as may be appropriate. The opinion is rather factually driven and more will posted, invariably, once the opinion is a little more digested.

Full post as published by Capital Defense Weekly on May 11, 2009 (boomark / email).