Prosecutors File Response to Huguely Appeal - NBC29 WVIR Charlottesville, VA News, Sports and Weather

Prosecutors File Response to Huguely Appeal

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The wheels are turning on George Huguely's second-degree murder appeal. Friday prosecutors filed their response to the claim that Huguely should get a new trial.

Huguely is appealing his second-degree murder conviction and 23 year sentence for killing Yeardley Love in May 2010.   His lawyers filed an appeal in January. 

The commonwealth filed a response to the appeal Friday at the Virginia Court of Appeals in Richmond.  Court documents obtained by NBC29 contain the reasons why prosecutors say Huguely should not get a new trial.  The commonwealth makes five arguments in the documents:

The commonwealth says the evidence of malice was sufficient to convict Huguely of second-degree murder. Prosecutors use Huguely's written death threat two days prior to killing Love as an example.

Huguely's motion for a continuance was properly denied.  During the trial, defense attorney Rhonda Quagliana became too ill to proceed. The defense asked for a continuance that was denied. The commonwealth says the ruling was correct because co-councilor Fran Lawrence was competent to move forward.

The Circuit Court did not violate Huguely's right to a fair and impartial jury.  The defense has claimed some jurors should have been cut due to media exposure and other issues.

Huguely's motion for a continuance was properly denied. The commonwealth says the jury was properly instructed on the meaning of malice before deliberations began.

Huguely was not entitled to a hearing regarding an alleged Brady violation.  The commonwealth says it did not need to disclose any information about a potential civil lawsuit from Love's family.

If the court does not see the appeal as a cut and dry issue, it can bring the lawyers down to Richmond to have them argue the merits of having an appeal granted.

We should know within the next four to six weeks if George Huguely's appeal will be denied or if the case will come back to Charlottesville Circuit Court for a new trial.

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