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The federal 4th Circuit Court of Appeals has ruled that Justin Wolfe, wrongfully convicted of murder in the 2001 death of Daniel Petrole, Jr., may be retried by Prince William County.

Prosecutors in the case were found to have committed misconduct multiple times in prosecuting Wolfe, whose conviction was vacated by a federal court judge in 2011.

The 4th Circuit ruled on the retrial question 2-1, with Judge Stephanie Thacker dissenting:

The Commonwealth’s misconduct has continued far too long, and the cumulative misconduct permeating this case has tainted it in such a way that it is doubtful Wolfe will receive a fair and just trial. Enough is enough.

Wolfe faced the death penalty following his 2002 trial and was housed on Virginia’s death row until his conviction was overturned. We have written more about his and other Virginia cases that have recently been overturned due to prosecutorial misconduct here.

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