A year after his release from jail, Josiah Sutton finally receives some justice. Sutton served 4/12 years of a 25 year sentence for rape before DNA tests proved he could not be the culprit. A Houston judge has recommended his conviction be overturned. The Texas Court of Criminal Appeals will make the final decision.

State District Judge Joan Huffman's recommendation was the latest court victory for Josiah Sutton, 22, who was freed from prison more than a year ago after new DNA tests discredited the original analysis performed by the Houston Police Department crime lab. Huffman said "inaccurate scientific evidence was admitted during the trial" and there was "clear and convincing evidence that no reasonable juror would have convicted him in light of the new evidence." Huffman's ruling will be sent to the state Court of Criminal Appeals, which will decide what to do with Sutton's conviction.

Sutton's justice is not complete, however. The Judge refused to find prosecutorial misconduct based upon Sutton's claim that the prosecution withheld evidence at his trial.