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Try CasePortal for FreeJ. Watts rules that the lower court failed to correctly assess the materiality of evidence in denying a man his petition for writ of actual innocence after he unsuccessfully challenged a murder conviction on direct appeal. The lower court was ordered to conduct a new trial, but before that, the petitioner filed a motion to dismiss, claiming due process violations. Afterward, the petitioner and the state drew up a plea agreement where the petitioner was allowed to use an Alford plea for felony murder in exchange for a suspended sentence and probation. The state also agreed with the petitioner that it violated due process, although a new trial never took place. However, it cannot be determined if the petitioner’s charges should be dismissed based on whether he suffered irreparable prejudice. Therefore, the case should be remanded to the lower court, which should in turn vacate its denial of the petitioner’s motion to dismiss. Vacated.