Posted: Feb 28, 2013 7:44 AM
Updated: Feb 28, 2013 7:44 AM
Source: Associated Press
BATON ROUGE - State Attorney General Buddy Caldwell will appeal a federal judge's decision to reverse Albert Woodfox's 1998 conviction in the 1972 stabbing death of a guard at the Louisiana State Penitentiary.
U.S. District Judge James Brady agreed Tuesday with Woodfox's claim that his 1993 indictment by a West Feliciana Parish grand jury was tainted by discrimination in the grand jury foreperson selection process.
Brady noted in his ruling that only five of the 27 grand jury forepersons judicially selected between 1980 and March 1993 were black; the other 22 were white.
Woodfox has been convicted twice of fatally stabbing Brent Miller, a 23-year-old guard, at the Angola prison.
Woodfox's attorney said he is confident the 5th U.S. Circuit Court of Appeals will uphold Brady's ruling.