Foley v. Commonwealth
Annotate this CaseAfter a jury trial in 1993, Appellant was found guilty of murdering two brothers, Rodney Vaughn and Lynn Vaughn. The trial court sentenced Appellant to death for both murders. In 2013, Appellant filed a motion for post-conviction relief alleging that he was entitled to a new trial based on “newly discovered evidence.” Appellant’s challenge to his convictions was founded upon a report prepared by John Nixon, a forensic expert on firearms and ballistics, who concluded that new information supported Appellant’s version of events, thereby supporting Appellant’s claim that he acted in self-defense in shooting Rodney and that Rodney shot Lynn. The trial court summarily denied Appellant’s motion without conducting an evidentiary hearing. The Supreme Court affirmed, holding that the “newly discovered evidence” presented by Appellant fell short of the standards that must be met to obtain such relief.
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