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: Capital Defense Weekly

weekly update

By Karl R. Keys, Esq.

The weekly email edition is now available.  From the intro: The Fourth Circuit in Justin Wolfe v. Johnson has remanded noting that the Commonwealth’s only witness linking the condemned to murder recanted.  At trial the actual trigger man, Owen Barber, told jurors that Wolfe paid him to kill the decedent, a drug dealer. Subsequently, Barber in an affidavit stated that Wolfe “had nothing to do with the killing,” “[t]he prosecution and my own defense attorney placed me in a position in which I felt that I had to choose between falsely testifying against Justin or dying.??  Barber later recanted his recantation. Two other witnesses have corroborated Barber’s prior statement clearing Wolfe.  The panel orders a remand on  Brady, Giglio, & Schlup- as well as a jury challenge...continue to full post

Full post as published by Capital Defense Weekly on May 19, 2009 (boomark / email).