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My husband was convicted in trial for a federal drug crime. We are looking into appealing the case.

My concern is there's this statement of details supposely what my husband had said were written down by a narcotic agent who did the interrogation but this narcotic agent has a misconduct and during trial 'my husband trial lawyer was trying to bring it up but the judge denied it. WHY IS THAT? The statement were not signed by my husband. CAN it be that the narcotic agent could have been writing anything down to have a strong statement.

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Attorney answers (3)

Reputation Level 20
The main grounds for appeal are that the lower court 1) made a serious error of law and/or (2) allowed a verdict in the trial or entered a ruling or judgment that was against the weight of the evidence.

The record in the case contains the trial court material that the appellant would like to appeal. It is important to understand that the appellate court will not retry the case. Rather, the appellate court will review the case to ensure that all procedures were followed properly and whether the accurate law was applied and that it was applied properly. Weighing the merits of success in these areas includes a decision about just how strong the record is to justify your appeal position.

Talk with more than just the attorney who handled the case for you. Find others who are very experienced with appeals. Ideally at least one of the consulting attorneys you talk to about the appeal will not have been involved in the case before.

Move quickly though, because the appeal deadlines will be held strictly against your husband.

Check with a 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.

Reputation Level 13
There is also the appealable issue of "ineffective assistance of counsel" and the record should be reviewed to determine if objections, and motions were used properly to your husbands benefit. As I posted in the other blog feel free to give me a call. I would be happy to discuss the options for his appeal.

I trust that your husband's current attorney at least filed notice of appeal in a timely fashion.

JC

Avvo Pro

Reputation Level 16
I would suggest meeting with a local attorney that handles such appeals in your immediate area, you should also ensure that a notice of appeal was properly filed in time on the matter

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