Tuesday, October 6, 2015

Bulletin: Joseph Buffey: West Virginia; Currently serving a 70-year prison sentence after pleading guilty rather than taking his case to trial in a 2001 Harrison County rape and robbery case. "All of the justices appeared to have concerns that a State Police DNA expert had information after the guilty plea in February 2002 but before the May 2002 plea acceptance and sentencing."

"On Tuesday, all five of the West Virginia Supreme Court’s justices appeared to hear arguments in the case of a man trying to overturn his rape and robbery charges. Joseph A. Buffey, is currently serving a 70-year prison sentence after pleading guilty rather than taking his case to trial in a 2001 Harrison County rape and robbery case. All of the justices appeared to have concerns that a State Police DNA expert had information after the guilty plea in February 2002 but before the May 2002 plea acceptance and sentencing. Exculpatory DNA evidence must be provided by the state to the defense prior to a trial but there isn’t clear guidance on what’s to happen on a guilty plea."