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Brown v. Booker
Virginia Supreme Court
826 S.E.2d 304 (2019)
- Written by Deanna Curl, JD
Facts
In 1970, Sherman Brown (defendant) was convicted of murder and sentenced to death. Brown’s death sentence was vacated by the judgment in Furman v. Georgia, and in 1973 he was resentenced to life imprisonment. In 2016, Brown filed a writ of habeas corpus, alleging that flawed hair and fiber evidence admitted at his 1970 trial violated his right to a fair trial and that new DNA evidence established his innocence. Additionally, Brown argued that the statutory limitation that would otherwise bar his habeas petition was unconstitutional under the suspension clause of the Virginia Constitution.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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