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

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

Posted

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.

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Posted

thanks alot for answering my questions! yes, this case is complicated, and the time for filing appeals has expired which is the problem that ive encountered. and being that this case took place in virginia, it makes things that much more difficult. i have been trying for quite some time just to get representation (pro bono or otherwise) and noone wants to touch this case because its been so long. but it hasnt been for a lack of trying-more less financial reasons my fiance really does have a good case as ive been told because he is innocent, and it is a wrong place , wrong time type of case. there is alot more to the case than what i could post(character limit), but i will continue to try! thanks!

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

thank you mr. mascagni! yes, i have been at this for quite some time now(trying to help my friend) but in the state of virginia,(the commonwealth) things are a little harder to accomplish than anywhere else! :) this case is very complicated as well. :( would you happen to know of any websites that would offer pro bono lawyers? thanks!

Posted

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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Posted

thank you mr sachs:) you are correct when you say that the time for exercising remedies expired long ago.this has been an issue that i have been confronted with over and over.so would that be criminal defense lawyers that are familiar with appellate and collateral remedies in virginia? again thanks!

Joshua Sachs

Joshua Sachs

Posted

The best way for you to get a referral, I think, would be to contact the Virginia Capital Defender Office. The attorneys in that office, although they themselves are restricted to the defense of death penalty cases, will be able to point you to the relatively few lawyers who are experts in post-conviction litigation, habeas corpus, and other collateral remedies.

Asker

Posted

wow thanks!:) i am very greatful for this info and any other info that may be helpful! it has been so hard trying to do this on my own, not knowing where to start-and with no legal experience.lol thanks!

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