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June 01, 2009

United States Court of Appeals for the Fourth Circuit remands Justin Wolfe's habeas case

On May 11, 2009, in a unanimous opinion, the United States Court of Appeals for the Fourth Circuit remanded Justin Wolfe's habeas case for a determination of his Schlup claim of actual innocence and, if he satisfies that threshold, a merits determination of his defaulted claims. The court's ruling orders the district court to determine whether Mr. Wolfe is entitled to an evidentiary hearing.

With the assistance of Michele J. Brace at the Virginia Capital Resource Center, a team of volunteer attorneys at King & Spalding LLP provided wonderful representation to Mr. Wolfe.  Congratulations to our volunteers, including Daniel J. King and Jane C. Luxton, formerly of King & Spalding LLP, for their work on Mr. Wolfe's case.