717 S.E.2d 111
Va.2011Background
- Turner was convicted of abduction with intent to defile and first-degree felony murder in 1996 and sentenced to 82 years; Brown later recanted claiming Turner had no role, prompting Turner to seek an actual-innocence writ based on newly discovered non-biological evidence.
- Code § 19.2-327.10 grants original jurisdiction to the Court of Appeals to entertain such petitions; the petition required evidence that is (i) newly discovered, (ii) not obtainable with due diligence within 21 days after conviction, (iii) material and capable of changing the outcome, and (iv) not merely cumulative.
- The Court of Appeals remanded to the circuit court for factual findings on Brown’s credibility and whether Brown testified falsely and whether those recantations were unknown to Turner at conviction.
- At a two-day evidentiary hearing, the circuit court found Brown credible, that he acted independently in murdering Evans, and that Turner had no role; Brown’s affidavit variants were not discovered by Turner before conviction.
- The Supreme Court of Virginia held that the Court of Appeals did not err in dismissing the writ and affirmed the denial of Turner's petition, concluding the recantation evidence was not material to the abduction-with-intent-to-defile issue.
- The decision clarifies that materiality requires true, non-cumulative evidence capable of altering the result, and that Brown’s recantation did not meet that standard for Turner's conviction is unaffected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals properly dismissed the writ of actual innocence | Turner argues Brown’s recantation, if credible, undermines guilt | Commonwealth contends recantation is not material to guilt beyond reasonable doubt | Yes; dismissal was proper; recantation not material |
| Whether Brown’s recantation establishes Turner’s lack of guilt for abduction with intent to defile | Recantation shows Turner did not participate in abduction | Evidence still supports Turner’s abduction with intent to defile | No; recantation does not render abduction-with-intent-to-defile unsupported |
| Whether circuit court credibility findings are binding on appeal | Findings should be treated with deference given credibility concerns | Appellate court must review findings for plain error or lack of evidence | The appellate standard applies; credibility findings not controlling where evidence insufficient |
| Whether Turner was properly deemed to have no role in Evans’ murder given Brown’s later confession | Brown’s confession clears Turner of murder | Brown’s statements do not negate Turner’s guilt under the theory of abduction with intent to defile and felony murder | Turner could still be guilty of abduction with intent to defile and felony murder |
| Whether the newly discovered evidence was material under Code § 19.2-327.11(A)(vii) | Brown’s recantation is material and would negate guilt beyond reasonable doubt | Recantation is not true, reliable, or material enough to alter verdict | No; evidence not material to undermine guilt beyond reasonable doubt |
Key Cases Cited
- Carpitcher v. Commonwealth, 273 Va. 335 (2007) (recantation evidence generally questionable and not automatically exculpatory; materiality requires true evidence)
- Johnson v. Commonwealth, 273 Va. 315 (2007) (standard for reviewing petitions for writs of actual innocence; de novo review of conclusions of law and mixed questions; factual findings limited by evidence)
- Lewis v. Commonwealth, 193 Va. 612 (1952) (recantation alone does not prove trial testimony false; credibility concerns apply)