CHARLESTON, W.Va. — West Virginia Attorney General Patrick Morrisey will not petition the U.S. Supreme Court to review the case of Joseph Buffey.
The state Supreme Court placed a second hold on their ruling two weeks ago, which would have allowed Joseph Buffey to withdraw his guilty pleas related to the 2001 rape and robbery of an elderly woman in Harrison County.
Buffey is currently serving a sentence of 70 years in prison after entering guilty pleas to the 2001 crime, but The Innocence Project revisited the case–successfully arguing in front of West Virginia’s highest court that Buffey received poor legal counsel before entering a plea agreement with the state. Exculpatory DNA evidence used to convict another man of the crime was available and should have been disclosed between the deal and sentencing according to Buffey’s legal counsel.
Based on the Brady Rule, which entitles those convicted of crimes to exculpatory evidence before a trial, the justices unanimously ruled in Buffey’s favor.
Morrisey’s office issued the following statement:
“After much consideration, I have decided not to petition the U.S. Supreme Court in the Buffey v. Ballard matter due to the unique circumstances of the case.
“I remain concerned about the consequences of the state Supreme Court’s potentially broad ruling and hope the court will reconsider or narrow its decision in the future. In the meantime, I remain committed to working with local prosecutors to ensure this ruling does not undermine law enforcement and the protection of the state’s citizens.
“This matter now rests with the local prosecutor.”
The AG’s office had said they felt there was enough compelling evidence to merit an appeal, but chose to opt out and turn the case back over to the Harrison County Circuit Court.
The guilty pleas would then be withdrawn and the process would start over, with the option for the case to end in another deal, a trial or the Harrison County Prosecutor could chose to have the charges dropped.