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U.S. v. MacDONALD

No. 08-8525.

641 F.3d 596 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey R. MACDONALD, Defendant-Appellant. New England Innocence Project; The Innocence Project; North Carolina Center On Actual Innocence; National Association of Criminal Defense Lawyers, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2011.

Attorney(s) appearing for the Case

ARGUED: Joseph Edward Zeszotarski, Jr. , Poyner Spruill LLP, Raleigh, North Carolina, for Appellant. John F. De Pue , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: George E.B. Holding , United States Attorney, John Stuart Bruce , First Assistant United States Attorney, Brian M. Murtagh , Special Assistant United States Attorney, Anne M. Hayes , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. Barry C. Scheck , The Innocence Project, New York, New York; Andrew Good , Philip G. Cormier , Harvey A. Silverglate , New England Innocence Project, Goodwin Procter LLP, Boston, Massachusetts; Christine Mumma , North Carolina Center on Actual Innocence, Durham, North Carolina, for Amici Supporting Appellant.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ joined.

OPINION

KING, Circuit Judge:

In 1979, Jeffrey R. MacDonald was convicted in the Eastern District of North Carolina of the 1970 murders of his pregnant wife and their two young daughters in the family's Fort Bragg home. MacDonald—who has steadfastly maintained that he is innocent of those horrific crimes—ultimately failed to have his convictions overturned on direct appeal and has since filed numerous motions for postconviction relief.

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