In murder cases, does the prosecuter have to tell the defendent if a gun being used in evidence belongs to their witness?

Asked almost 2 years ago - Hinesville, GA

the person i am writing about,has been incarcerated since 1998 for a crime(murder) he didnt commit. he has had only 1 trial since then in which he didnt get to testify due to ineffective counsel,leading to an unfair ruling, and his constitutional rights violated. i am currently seeking pro bono (or any type of counsel), to get this person another trial. he is at a prison in burkeville virginia.

Attorney answers (3)

  1. Daniel Ellis Rice

    Contributor Level 18

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    Answered . If it is a case based in VA, you will need to refer this to VA attorneys, whether or not it is a federal or state case. From what you have written, it sounds as if your friend may need to see about filing an out-of-time habeas appeal. However, there are substantial issues to be dealt with, not the least of which is whether the time for filing any appeals has expired. If it is a federal case, there are various statutes, including the AEDPA, which have to be considered. Good luck.

  2. Frank Mascagni III

    Contributor Level 20

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    Answered . I assume the defendant elected to go to trial by jury; I further assume he was found guilty; I further assume he was sentenced and that a timely appeal was filed. There are strict time limits to file an appeal, to file all post judgment relief motions attacking the judgment; collaterally attacking by way of a claim of ineffective assistance of counsel, etc. You need to contact a criminal defense attorney in your area ASAP to review the file and see what, if any, options are available at this late date. Act ASAP.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. Joshua Sachs

    Contributor Level 19

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    Answered . I agree with my colleagues, unless this case has a most unusual procedureal history it is probable that the time for exercising whatever remedies he may have had expired long ago. Surviving the out-of-time problem is going to the be the first, and perhaps the fatal, hurdle in this case. Consult an attorney familiar with appellate and collateral remedies in Virginia.

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