State v. Kagonyera
Noell Tin represented Kenneth Kagonyera in a successful effort to prove that Kagonyera was innocent of a murder for which he had been imprisoned for over a decade. The North Carolina Innocence Inquiry Commission, which investigates and evaluates post-conviction claims of factual innocence, had recommended a hearing for Kagonyera and his co-defendant Robert Wilcoxson after both men had served close to 11 years for the murder. The matter was tried before a 3-judge-panel in Buncombe County Superior Court. Evidence included testimony that DNA evidence, which had been withheld from prior defense counsel, implicated another individual in the murder. The panel also heard testimony that another man had confessed to the murder and that this confession had not been disclosed by the State. On September 22, 2011, the 3-judge-panel found Kagonyera and Wilcoxson, who was represented by Chris Fialko of Rudolf Widenhouse & Fialko, innocent of the murder and ordered that they be set free. The case received extensive media attention and was featured in USA Today, The News & Observer, and the Asheville-Citizen Times