Montgomery served 4 years on a 7 and half year prison sentence. The woman who accused him of the crimes, Elizabeth Coast, admitted she lied about Montgomery sexually abusing her.
Virginia Attorney General Ken Cuccinelli filed a brief with the Court of Appeals of Virginia Wednesday asking the court to find Montgomery innocent of the charges after the Coast recanted her testimony and was convicted of perjury.
Coast will serve two months in jail after being convicted of perjury.
The court of appeals had stayed proceedings in Montgomery's actual innocence case pending the outcome of Coast's perjury conviction.
They have now lifted the stay and supplemental briefs have been ordered.
A hearing is not scheduled right now, but the court could make a decision without one.