Court Cites Lawyer Inaction in Repealing Death Sentence
The state Supreme Court on Tuesday unanimously overturned a convicted killer’s death sentence, saying his lawyer failed to pursue evidence that would have cast doubt on his guilt.
Based largely on the testimony of one witness, Danny Wolfe was convicted of first-degree murder for robbing and killing Leonard and Lena Walters in February 1997.
No physical evidence linked the killings to Wolfe. His lawyer said the prosecution’s chief witness, Jessica Cox, was trying to frame him.
Cox had testified that she was driving when Wolfe shot Leonard Walters from the back seat during a test drive of a car he was selling. She said she then waited outside while Wolfe went into the couple’s home and killed Lena Walters.
After the trial, hairs found in the back seat of the car were linked to Cox.
Wolfe’s lawyer, who wasn’t named, could have had the hairs tested before the trial, said the court, which also ordered a new trial.
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