Associated Press Published

Time Limit Sought for Proposed Delay in Rape Case Ruling


A Clarksburg man says the West Virginia Supreme Court should not indefinitely delay its ruling allowing him to withdraw guilty pleas in a 2001 rape case.

The state attorney general’s office last week asked the justices to put the ruling on hold while they consider appealing to the U.S. Supreme Court. No time limit was mentioned.

Joseph Buffey’s attorneys say in court papers filed Tuesday that they don’t object to a delay as long as it doesn’t exceed 30 days.

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.