We have evidence that there was jury misconduct, and misconduct on behalf of the judge. However, the same judge had to make the decision about granting him a retrial. She of course denied it. The accusations had many inaccuracies and the accuser was proven to be lying several times. He could not be placed with her at any moment, and her story contradicted itself.
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Now the nest step is an Appeal. Hire a Criminal Appaelate attorney!
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
What can "we" do?
Your uncle can (1) appeal his conviction to a reviewing court which will review the record for legal error and has the power to order a new trial or, in an extreme case, to vacate his conviction altogether and order his discharge; (2) petition for collateral review of his conviction before the original trial judge for consideration of new material outside the record; (3) both, if appropriate.
Everybody else can contribute to a fund to pay for the very considerable amount of highly skilled and specialized legal (and possibly also expert and investigative) work that will be required for 1, 2 and 3.
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The next step is to hire an appellate attorney. They will know how to review the record for legal grounds for appeal.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
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