VA Attorney Appeals Ruling Throwing Out Sailor's Murder Conviction

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Updated: 10:48 AM Dec 21, 2009 VA Attorney Appeals Ruling Throwing Out Sailor's Murder Conviction RICHMOND, Va. (AP) Virginia's attorney general is appealing a judge's ruling that tossed out a sailor's convictions in a 1997 rape and murder. Posted: 3:00 PM Dec 19, 2009

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Virginia's attorney general is appealing a judge's ruling that tossed out a sailor's convictions in a 1997 rape and murder.

A notice of appeal was filed Friday in the case of Derek Tice, one of four ex-sailors who were convicted in the rape and murder of 18-year-old Michelle Moore-Bosko. Tice and two co-defendants received conditional pardons from Gov. Tim Kaine in August, but all that did was free them from prison. The convictions remained on their records.

That changed for Tice six weeks later when a federal judge vacated his convictions. The judge cited his trial attorney's failure to try to suppress a confession taken after Tice had invoked his right to remain silent. Now the state is appealing that ruling to the 4th U.S. Circuit Court of Appeals.

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