In the previous episode, we talked about Richard's writ of habeas corpus, and we left with a bittersweet ending.

Judge Bennett granted Richard relief based on a Brady violation, the fact that the prosecution hadn't revealed two witnesses that could potentially corroborate Richard's story.

The thing is, I talked to Richard on a monitored phone line and I

have to wear regulated undergarments if I want to see him in person. So

spoiler alert, Richard is still in prison.

But why?

What happened between the time that Judge Bennett so forcefully declared that there had been a Brady violation, and now.

What happened is that the state appeal Judge Bennett's decision.

That appeal was heard by a three-judge panel

at the United States Court of Appeals for the Fourth Circuit.

That appeal is what this episode is all about, and ultimately why Richard is still incarcerated.

You're going to hear audio from the hearing throughout the episode.

I didn't sign a waiver saying it wouldn't be broadcasted

and there was no legal warning implying it couldn't be used.

Actually, it's available for anyone to download on the internet.

Well, let the hearing begin. I am Brooke and this is episode 10 of Convicted.

The appeal from the state on Judge Bennett's ruling for Richard Nicholas to receive a new and potentially fair trial took place on March 22nd, 2016.

He was originally arrested in 1996.

That's 20 years of bouncing around the court system.

The next case we're going to hear this morning

are Nicholas versus Maryland Attorney General.

In this courtroom, there were three judges.

...