In Michigan
5:40 pm
Tue November 3, 2009

MI judge throws out man's 2001 murder conviction

DETROIT – A judge has thrown out the 2001 murder conviction of a Detroit man after law students discovered evidence that wasn't shared with him at trial.

Dwayne Provience could be released from custody Tuesday when his family posts bond. Prosecutors agreed with his lawyers to ask Wayne County Circuit Court Judge Timothy Kenny to set aside the second-degree murder conviction.

Students from the University of Michigan Law School interviewed people who knew about the drug-related murder of Rene Hunter of Detroit in 2000. The key piece of new evidence was a police report that suggested others were responsible for the fatal shooting. It was never shared with Provience at the time of his trial.

Provience is serving a sentence of 30 years to 60 years. He has been in custody since his arrest in June, 2000.