A man who was sentenced to 30 to 60 years in prison for a shooting may soon be a free man now that his original conviction has been overturned.
CJ Rice has been in prison for 11 years for a shooting he allegedly committed that killed no one. He was granted a petition for writ of habeas corpus on Monday by a US District judge in the Eastern District of Pennsylvania, citing the "ineffective assistance" provided by his original defence attorney.
Judge Nitza Quinones Alejandro determined that Rice's "trial counsel rendered ineffective assistance" and has ordered the state to either retry him or to free him within 180 days, CNN reported.
In September 2011, Rice had been shot and could barely walk. Shortly after he was injured, two young men opened fire at a family, causing injuries but no deaths.
In the immediate aftermath of the shooting, the victims – who knew Rice – could not identify a suspect for police. The following day, however, the police received an anonymous tip and re-interviewed the victims. During that interview one of the victims picked Rice out of a photo lineup that was not in line with investigation procedures.
CJ Rice, whose 2011 attempted murder convictions have been overturned after a judge ruled his defense was ‘ineffective’ during his initial trial— (via CNN)
Rice was charged with four counts of attempted murder, and was defended by defence attorney Sandjai Weaver, whose representation was deemed "ineffective" by the judge after a review. Rice was ultimately convicted and sentenced to up to between 30 and 60 years in prison.
A decade later, Karl Schwartz, a Philadelphia defecse attorney, filed a writ of habeas corpus on Rice's behalf, petitioning in federal court that Rice's attorney incompetently stipulated to evidence that provided the prosecution with a motive for the charges. Mr Schwartz was later joined by attorneys from the Pennsylvania Innocence Project and others to assist in the effort to overturn his conviction.
Last month, Judge Carol Sandra Moore Wells ordered that relief was warranted in his case, passing the decision to Ms Alejandro, who ruled in its favour on Monday.
The case will now got to the state's Court of Common Pleas. The Philadelphia district attorney will have six months to decide if Rice will face a second trial. If Rice is not granted a second trial, he will be released from prison.
