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Thread: Keith Dedrick Wiley, Jr. - North Carolina

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    Keith Dedrick Wiley, Jr. - North Carolina




    Facts of the Crime:

    Keith Wiley, a black man convicted of first-degree murder, kidnapping and armed robbery in the October 20, 1997, shotgun slaying of 17-year-old Richie Futrelle, a white. He and two others kidnapped Futrelle, and Wiley killed Futrelle because he owed about $25 for cocaine. Futrelle was driven to a remote spot off Murrayville Road in the trunk of his father's car and thrown in a ditch. He was shot while trying to run away.

    On November 3, 1997, Keith Dedrick Wiley (defendant) was indicted for the first-degree murder of George Richard “Richie” Futrelle, II (Futrelle or the victim). Defendant was tried capitally at the May 10, 1999 session of Superior Court, New Hanover County, and on May 25, 1999, the jury found defendant guilty of first-degree murder based on malice, premeditation, and deliberation and under the felony murder rule. Following acapital sentencing proceeding, the jury recommended a sentence of death for the first-degree murder conviction, and the trial court entered judgment in accordance with that recommendation. The trial court also entered consecutive sentences of 116 to 149 months for first-degree kidnapping and 103 to 133 months for robbery with a dangerous weapon. Defendant gave notice of appeal.

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    Administrator Moh's Avatar
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    No. 02-7017 Status: DECIDED
    Title: Keith Dedrick Wiley, Petitioner
    v.
    North Carolina
    Docketed: Lower Ct: Supreme Court of North Carolina
    October 22, 2002 (100A01)

    ~~Date~~~~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Oct 16 2002 Petition for writ of certiorari and motion for leave to proceed in
    forma pauperis filed. (Response due November 21, 2002)
    Nov 21 2002 Brief of respondent North Carolina in opposition filed.
    Dec 5 2002 DISTRIBUTED for Conference of January 10, 2003
    Dec 13 2002 Reply brief of petitioner Keith Dedrick Wiley filed.
    Jan 13 2003 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/02-7017.htm

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Man convicted of murder, sentenced to death, gets new trial

    By Amanda McReynolds
    Star News Online

    A man convicted of murder in New Hanover County in 1999 is getting a new trial.

    Keith Dedrick Wiley, 42, was convicted following a 15-day trial on May 25, 1999 of first-degree murder, first-degree kidnapping, and robbery with a dangerous weapon for the death of Ritchie Futrelle.

    According to StarNews reports, Wiley allegedly kidnapped and fatally shot 17-year-old Futurelle on Oct. 20, 1997 because Futrelle owed Wiley $25 for cocaine. Futrelle was driven to a remote area in the trunk of his father's car and thrown into a ditch. He was shot while trying to run away.

    The case was a capital one, and Wiley was given the death penalty two days later, according to a press release from District Attorney Ben David.

    According to the motion filed by Superior Court Judge R. Kent Harrell, a new trial for Wiley is warranted after a juror, who admitted his family knew the victim's family, was allowed to remain on the jury.

    Jurors chosen for the trial were all questioned by both the prosecution and the defense, with all of them confirming they did not know Wiley, Futrelle or any of their family members, according to the motion.

    However one juror, Frederick Phelps, told the court on the second day of the trial that his mother and sister knew Futrelle's mother, Willa White, from family business in Carolina Beach around 12-14 years prior.

    The defense still had one strike left to remove a juror, according to the motion, but when they tried to use it to remove Phelps the court denied it.

    During Wiley's appeal following his conviction, proper effort was not made by Margaret Ciardella, the appointed attorney, to appeal the conviction, Harrell wrote.

    By removing all jurors except Phelps from the courtroom in order to question him about his connection to the victim, Harrell wrote that voir dire, which is the preliminary examination of a witness or juror by judge or counsel, had been reopened. Due to the defense still having one strike left at that point, and voir dire being reopened, opposing counsel had the right to exercise any remaining strikes.

    "The court's refusal to allow counsel for the defendant to exercise a remaining peremptory challenge constituted error," Harrell wrote.

    Due to this, Harrell ordered a new trial for Wiley on all charges against him.

    Wiley, who is currently in prison, will be transferred to the New Hanover County Jail to await a new trial.

    "We are actively reviewing the file and will determine how to proceed with the prosecution in the coming months," David wrote in the release.

    Due to the case moving back into pending status, the district attorney's office is not providing any additional comments or information at this time.

    Wiley is scheduled to appear in New Hanover County Superior Court on Aug. 4.


    https://www.google.com/amp/s/www.sta...emplate=ampart

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