Appellate panel hears bid for new trial in Justin Whaley fatal-crash convictions

An appellate court heard oral argument on a petition by Justin Whaley seeking a new trial after his conviction in a fatal crash, with defense counsel urging the court to expand a trial judge's partial grant of coram nobis relief and the state urging the court to deny relief in full.

The petition centers on allegations that Officer Jeremy Wright intentionally misstated facts in an affidavit used to obtain a search warrant, subsequent internal-investigation findings that some supervisors considered Wright untruthful, and a four-hour delay before a blood draw that produced a blood-alcohol reading of 0.02. "This case is fundamentally about fairness, and I think fairness requires that Mr. Whaley be given a new trial in this matter," defense attorney Lee Davis told the court.

Why it matters: The trial court granted partial coram nobis relief for two counts (counts 1 and 8), and the defense asked the appellate panel to extend that remedy to all counts. If the appellate court were to grant broader relief, Whaley could receive a new trial; if it reverses the trial court, the convictions would stand. The state told the court the newly disclosed material would not have changed the jury's verdict.

Facts and dispute: According to…