Was he denied his Constitutional right ?

My brother put in for his appeal and asked his appellate lawyer to raise another issue but ,she denied him and said she could not add anything else to it . His request for an appeal was denied less than a 3 month process .

During his trial , a State's witness was put on stand and she wasn't qualified nor did she have any education or training on what she was selling to the Jury and he was given 63 years . Two of AZ PD's basically screwed him now he's filing a Rule 32 . What is to be expected now ?
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I have a letter she sent to him saying , she raised as many issues as needed & could not add anything more . Why didn't she raise the issue about the States witness who wasn't qualified ? Should she of had raised that issue ? If I had his case files would someone here look them over ? I live in Chicago too , he's in Arizona
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Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
A new matter cannot be raised for the first time on appeal. That is what it sounds like was the reason your brother was given by the lawyer.

Have your brother follow the lawyer's advice. Online we cannot know what the other details are going on in your case because online we cannot find out those details. He needs a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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Timothy A. Provis

Timothy A. Provis

Contributor Level 4
Dear ?,
I will be glad to review your brother's files but you understand I will charge a reasonable fee for that work.
I am a member of the U.S. Supreme Court Bar and have been doing criminal appeals for over 30 years.
E-mail me at tprovis@wi.rr.com or phone me at (414) 339-4458
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