"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."