Attorney General Asks Justices to Delay Ruling in Rape Case

West Virginia’s attorney general wants the state Supreme Court to put a hold on its ruling allowing a Clarksburg man to withdraw guilty pleas in a 2001 rape case.

The Exponent Telegram reports that the ruling in Joseph Buffey’s case is scheduled to become final Thursday. Attorney General Patrick Morrisey has requested a delay while his office considers whether to appeal to the U.S. Supreme Court.

Last month, the state justices ruled that Buffey’s due process rights were violated when prosecutors failed to disclose that DNA tests exonerated him in the rape and robbery of an 83-year-old woman. They sent the case back to a judge to allow Buffey to withdraw his guilty pleas.

Another man was sentenced in September to up to 70 years in prison for the crime.