United States Fourth Circuit

The district court's Order Enforcing Judgment releasing defendant, who had previously convicted of capital murder and related charges and sentenced to death, that were subsequently vacated, and barring his retrial, is vacated and remanded, where the district court: 1) did not abuse its discretion in ruling that the Commonwealth neglected to satisfy either compliance option under the Relief Order, which required that defendant be retried or released within 120 days; but 2) did abuse its discretion in barring defendant's retrial because the constitutional claims for which defendant was awarded habeas corpus relief are readily capable of being remedied in a new trial.

Appellate Information

• Decided 05/22/2013
• Published 05/22/2013

Judges

• KING

Court

• United States Fourth Circuit

Counsel