Unfair Trial. Officer withheld exculpatory evidence from Prosecutor & Criminal Defendent which would of lead to his aquittal.

Asked over 1 year ago - Cincinnati, OH

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

Attorney answers (3)

  1. William Charles Sipio

    Pro

    Contributor Level 11

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    Answered . 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... more
  2. Frank Mascagni III

    Contributor Level 20

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    Answered . 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... more
  3. John Naumovski

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . I agree with the above attorneys' advice

    the information provided above is for information purposes only and you should consult an attorney for specific... more

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