In re Watford

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The Supreme Court granted Roy L. Watford’s petition for a writ of actual innocence based on biological evidence and vacated his conviction, holding that Watford proved, by clear and convincing evidence, all of the allegations required under Va. Code 19.2-327.3(A) and that no rational trier of fact would have found him guilty beyond a reasonable doubt.In 1978, Watford pled guilty to rape and was sentenced to ten years’ imprisonment, entirely suspended for a period of ten years. In 2010, several pieces of evidence in this case were subjected to DNA testing. In 2016, a buccal swab was obtained from Watford. Watford subsequently petitioned the Supreme Court for a writ of actual innocence based on biological evidence pursuant to Va. Code 19.2-327.2 et seq. The circuit court returned its findings of fact to the Supreme Court following an evidentiary hearing, After considering Watford’s petition, the response of the Commonwealth, the records of the case, the DNA evidence and the circuit court’s findings of fact, the Supreme Court vacated Watford’s conviction, finding that it was highly unlikely that any rational fact-finder would have found Watford guilty beyond a reasonable doubt. View "In re Watford" on Justia Law