Former Officer currently incarcerated for on duty police misconduct. Withheld exculpatory evidence from a prosecutor and defendant. Which "material" would of found an aquittal in a state court. Appeal. Appellant finds (Kyles v Whitley) (Brady vs Maryland) due process violations. Constitutional violations 14th amendment 5th 4th civil. claims. Prejudice. Harm found. Sue. Prosecutorial Misconduct. Wrongful conviction. Excessive force (City) ......exculpatory evidence (Police Audio & Video) withheld when asked by defendant counsel. Petition Complaint
I am going to take a stab at this one.
Somebody was convicted on evidence provided (or not provided) by a bad cop. That bad cop is now in jail. I am assuming you are in jail as well. If that is the case you should speak with 1.) a criminal appellate attorney and/or 2.) an attorney that handles post-conviction relief matters in your jurisdiction. There may be relief for you in the form of habeas corpus.
You should also consult an attorney who handles civil rights matters as you may have a claim under federal law.
If you are out of jail, there may be other remedies depending on your jurisdiction. One such remedy is petitioning the court for a common law writ of coram nobis. There may also be statutory expungement remedies.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.
1 found this helpful
6 lawyers agree
Criminal Defense Attorney
I'm not sure of the question. If this is true, contact an experienced criminal defense lawyer in your area ASAP to file the appropriate post judgment relief motions!
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..
1 found this helpful
5 lawyers agree