HAMPTON, Va. (WAVY) - A Virginia appeals court has said it will not deny Johnathon Montgomery's petition for a Writ of Actual Innocence meaning he is one step closer to clearing his name.
Montgomery was convicted in 2008 for molesting a 10-year-old girl outside her grandmother's house in Hampton in 2000, when he was 14-years-old .
His accuser, Elizabeth Coast, admitted earlier this year that she lied about the incident which prompted a conditional pardon from Governor McDonnell and Montgomery's release from prison.
Montgomery filed for the Writ of Actual Innocence on Dec. 20 and the appeals court issued its response eight days later. Now Virginia Attorney General Ken Cuccinelli has 60 days to file a response to the petition.
Stay with WAVY.com and Wavy News on air for more on this developing story.
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