NEWPORT NEWS, Va. (WAVY) - The state will not appeal a federal judge's decision tossing out a 1991 Newport News capital murder conviction.
U.S. District Judge James Spencer last month cited withheld evidence in vacating David W. Boyce's murder and robbery convictions and two life sentences. He gave the state 120 days to retry Boyce or set him free.
The Richmond Times-Dispatch reports the state also had the option of challenging the ruling, but the attorney general's office says it will not appeal.
"We have reviewed the district court's decision granting Mr. Boyce habeas corpus relief, and have decided not to appeal," Brian Gottstein, with the Office of the Attorney General of Virginia, told WAVY.com.
It will be up to a prosecutor to decide whether to retry the 42-year-old Boyce for the stabbing death of Timothy Kurt Askew in a hotel room they shared. A status hearing is set for Friday in Newport News Circuit Court.
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