High court won't block Va. capital murder retrial

Monday - 2/24/2014, 5:20pm EST

WASHINGTON (AP) -- The Supreme Court will not block Virginia from retrying an accused drug dealer, whose earlier capital murder conviction was set aside because of misconduct by prosecutors.

The justices on Monday rejected an appeal by Justin Wolfe, who said the prosecutors' misdeeds were so serious that they precluded a fair second trial.

A federal judge agreed with Wolfe and had ordered his immediate release, but the federal appeals court in Richmond, Va., said the new trial could be held fairly.

Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.


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