Cooley Secures Rulings Granting Compassionate Release to Pro Bono Client, Overturning Second-Degree Murder Conviction
Washington, DC – August 1, 2023 – Cooley recently secured two significant rulings on behalf of pro bono client Nakia Roy before the Superior Court of the District of Columbia. After serving nearly 23 years in prison, Roy was granted compassionate release, and his second-degree murder conviction was overturned. Partners Kathleen Hartnett and Daniel Grooms led the Cooley team.
In 2001, Roy was convicted of multiple charges in the DC Superior Court, including second-degree murder while armed. He was sentenced to 25 years plus 180 days to life. This was effectively a life sentence, as he could only be released if the US Parole Commission granted him parole – a rarity.
In Roy’s direct appeal to the DC Court of Appeals nearly 20 years ago, Hartnett argued that the jury instruction for second-degree murder was fundamentally flawed. She also argued that Roy was improperly tried with a co-defendant, and that his indictment was improperly amended. The DC Court of Appeals rejected that appeal in 2005 by a 2 – 1 vote.
Fifteen years later, in January 2020, the DC Court of Appeals repudiated the second-degree murder instruction used in Roy’s case in an en banc decision in Fleming v. US. The Cooley team filed a habeas petition shortly after Fleming issued, arguing that in light of Fleming, Roy was entitled to a judgment of acquittal – or, at a minimum, a new trial for second-degree murder. Superior Court Judge Danya Dayson granted Roy’s motion on July 19, 2023, vacating his second-degree murder conviction and ordering a new trial.
Meanwhile, Roy filed a compassionate release motion in 2022 under DC’s newly enacted compassionate release law. The Cooley team briefed that motion and presented expert testimony and other evidence to the court showing Roy’s entitlement to compassionate release. Judge Dayson granted the compassionate release motion on May 23, and Roy was released from custody on May 26, 2023. He is now reunited with his family in the Washington, DC, area.
Read the compassionate release order
The case is United States v. Nakia Roy (2000 FEL 3591) in the DC Superior Court.
These victories earned the Cooley team a Litigator of the Week accolade on The American Lawyer’s Litigation Daily Litigator of the Week Runners-Up and Shout Outs list. The Cooley team’s efforts also were featured in The American Lawyer’s Litigation Daily and Reuters.
About Cooley LLP
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law.
Cooley has nearly 1,400 lawyers across 18 offices in the United States, Asia and Europe, and a total workforce of more than 3,000.
Related contacts
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.