My uncle was convicted of indecency with a child. His request for a retrial was denied. What can we do?

Asked about 1 year ago - Corpus Christi, TX

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.

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Stephen Ross Cohen

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.... more
  3. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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.

  4. Aaron Christopher Harper

    Pro

    Contributor Level 13

    Answered . You need to hire and or seek an appellate lawyers advice immediately as time limits may have already expired.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,856 answers this week

2,728 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,856 answers this week

2,728 attorneys answering