RICHMOND, Va. (WRIC) – The Virginia Court of Appeals has agreed to hold a hearing to consider overturning the state conviction of at least one of the men in the case against the Waverly Two, Terrence Richardson and Ferrone Claiborne.

Richardson and Claiborne were found not guilty of the murder of a Waverly police officer in 1998 in a federal court. Yet, in a rare move during sentencing, the judge used a state court plea deal to give them life behind bars. Both men have always maintained their innocence. 8News began looking into the murder of Officer Allen Gibson several years ago and began to find holes in the case.

The Appeals court hearing to consider overturning Richardson’s state conviction is scheduled for the week of February 8. Virginia Attorney General Mark Herring reviewed Richardson’s petition for actual innocence. Herring told the court he supports overturning his conviction.

The court records only mention Richardson because Claiborne’s conviction was for a lesser charge, a misdemeanor. Their attorney Jarrett Adams believes if Richardson’s conviction is overturned, Claiborne’s misdemeanor will be removed as well. Adams tells 8News he is happy the men are finally getting their day in court.