Major development: Joseph Buffey; West Virginia; State Attorney General will not petition U.S. Supreme Court to overturn the appeal court decision allowing him to withdraw guilty pleas to a 2001 crime for which he was sentenced to 70 years in prison because he 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. "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 The guilty pleas would then be withdrawn and the process would start over, with the option for the case to end in another deal, a trial or the Harrison County Prosecutor could chose to have the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." Publisher's note: "The prosecution's shameful, despicable failure to disclose available exculpatory evidence pointing to another man, coupled with the finding of poor legal representation by legal counsel, should be more than enough to warrant withdrawal of the charges by the local prosecutor as soon as possible - and for Joseph Buffey to be freed and exonerated without delay. Harold Levy. Publisher; The Charles Smith Blog;

PUBLISHER'S VIEW: "Publisher's note: "The prosecution's  shameful, despicable  failure  to disclose  available exculpatory evidence pointing to another man, coupled with the finding of  poor legal representation by legal counsel, should be more than  enough to warrant  withdrawal of the  charges by the local prosecutor  as soon as possible  -  and for Joseph Buffey to be freed and exonerated  without delay.  Harold Levy. Publisher; The Charles Smith Blog;

 STORY: "AG Will Not Petition U.S. Supreme Court on Buffey Ruling,"  by reporter Aaron Payne, published by WAJR.com on January 25, 2016.

 

GIST: "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..........“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." 

The entire story can be found at:

http://wajr.com/ag-will-not-petition-u-s-supreme-court-on-buffey-ruling/

PUBLISHER'S NOTE: 
 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
 
http://www.thestar.com/topic/charlessmith
 
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html

Harold Levy: Publisher;