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How much time does the circuit court have to comply with a federeal court of appeals order for a new trial?
Zion, IL
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Posted about 1 month ago in Appeals
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I was tried, convicted and sentenced in 1977, for felony murder. In 1984, the Federal Court of appeals remanded the case back to the circuit court and orderded a new trial. At that point I was released on bond pending the new trial. Since then I have not been summoned for trial. Has the state now run out of time to retry me?
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Answers (2)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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If the state develops new evidence to show a person has committed first degree murder, the charge can be brought at any time. Every state has a statute of limitations for crimes, but the laws differ from state to state. In addition, different offenses are controlled by different periods of limitation.
However, no state has a statute of limitations on first degree murder.Check with a criminal lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 
Timothy A. Provis
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
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Dear ?,
You have both state statutory and state & federal constitutional rights to a speedy trial which may have been violated here. You need to contact an good Illinois criminal defense attorney to see if you can move for a discharge for failure to bring you to trial in accordance with your speedy trial rights. Yours Sincerely, Tim Provis Cal. Bar No. 104800 Wis. Bar No. 1020123 |
