FREE DUSTY! |
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CURRENT STATUSNovember, 2006Dusty remains in a Virginia prison even though another person has confessed to the crime for which he was convicted. Virginia attorney David Hargett is preparing a document called a "Writ of Actual Innocence" which will be petitioned to the courts later this summer. This is the next step in gaining Dusty's release.An 2002 amendment to Virginia law concerns cases in which a person is convicted of a felony but is later able to prove his "actual innocence" because of new scientific or DNA evidence that is discovered after his conviction. The new evidence shows that the person did not commit the felony and was wrongly convicted.The amendment provides that the Supreme Court may "consider claims of actual innocence presented by convicted felons in such cases and in such manner as may be provided by the General Assembly" as part of the Court's original jurisdiction. Article VI, Section 1, establishes the Supreme Court and provides that it may hear some matters as part of its "original" jurisdiction and other matters as part of its "appellate" jurisdiction. Most cases reach the Supreme Court by an appeal from a lower court and fall within its "appellate" jurisdiction. Section 1 lists the matters that the Supreme Court hears as part of its "original" jurisdiction. These are special situations: for example, habeas corpus petitions and matters involving the discipline of a judge. The Supreme Court may consider a claim of actual innocence without requiring the person to file the claim first in a lower court, effective November 15, 2002. Please take a few minutes and write a letter to Dusty to let him know that he is not alone and that there are those who are working to see him free. His current address is:
Once released, Dusty plans to attend Indiana University. He would like to become a high school teacher. Dusty has already been offered financial assistance if he chooses to study at Indiana University. To help with Dusty's case, please contact Linda Summitt at Lsummitt3@aol.com |