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Can a person get an appeal after 15 years on a murder conviction?

Indianola, MS |

A young man was charged with murder and convicted after wrstling over a gun with his stepfather and the gun went off and shot into a home and killed the young mans son. His stepfather took him away from the scene before he knew what really had happened he turned his self in but no gun was ever recovered and his step father was never interviewd nor called to testify. This young man hurts everyday because he has to cope with losing his son and how it happened. He had never been in trouble with the law. Since being locked up he has gotten hi GED and is always trying to work. Is there anything that he can do?

Attorney Answers 3


There are several matters that may affect whether the young man you reference may get some relief. First, what was the exact conviction? Capital murder, murder, or manslaughter? How old was he at the time of the shooting? And at the time of conviction? Was he tried or did he plead guilty? Which county was the county of conviction? Do you know whether or not a post-conviction collateral relief motion has been filed before in his case?

All of those answers would help an attorney analyze this case, which is exactly what he'll need. I have extensive expertise in defending homicides in Mississippi, assuming that is where the conviction arose. Best of luck to you and to him.

In posting a response to this question, the Eichelberger Law Firm is not undertaking any representation of any person, and no attorney-client relationship has been created.

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He was charged with murder/homicide he was 19 at the time, he was tried in Hinds county. There was never been a post-conviction collateral relief motion filed.


Appeals need to be timely filed. The time to do so is very short. I believe this oerson has waited too long . If, however, he has previously filed an appeal and it was denied, he also has a short time to have that reviewed. If he has not used all of his state remedies, he probably does not have any federal procedures available.
You migh want to ask an attorney who handles post conviction relief in state and federal courts. You will need more information about what has happened in the case than given here.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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The passage of time makes the availability of any legal remedy a serious, and perhaps insurmountable, problem. A commutation from the Governor of your state might be a possibility, but in most states that is not easily accomplished. All in all, I am not optimistic, but a consultation with an attorney familiar with collateral review and clemency in Mississippi would be the way to find out.

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