Sentencing/Post-Conviction

Held in Solitary Over 35 Years, Albert Woodfox Wins Habeas Petition

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One of the nation’s longest-serving prisoners has just won another round in his ongoing appellate battle.

Albert Woodfox, 61, who contends he was framed for the 1972 murder of a Louisiana prison guard, won a favorable final ruling yesterday on his habeas corpus petition from a federal district judge. He must now either be retried or released within 120 days, reports the Associated Press. Woodfox reportedly was held in solitary confinement for more than 35 years for the crime.

His lawyer says Woodfox is “absolutely elated” by the ruling, ABC News reports.

However, the Louisiana attorney general plans to appeal the habeas grant by U.S. District Judge James Brady to the New Orleans-based 5th U.S. Circuit Court of Appeals, and the attorney general also opposes bail for Woodfox.

As discussed in an earlier ABAJournal.com post, Woodfox says he was convicted on false evidence provided by prison officials, allegedly because of his role in forming a chapter of the Black Panther Party at the Louisiana State Penitentiary in Angola.

Previous coverage:

CNN: “Judge: Mistakes led to ‘Angola 3’ conviction”

Holland & Knight: “Prisoner Rights”

Prison Radio: “Angola Three: 30 Years in Solitary”

Corrected at 10:50 a.m. Sept. 29, 2008 to provide correct first name of Albert Woodfox.

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