Sentenced to life for felony murder, inexperienced attorney, poor investigation, small town lots of publicity before, during and after trial that jury was subjected to. jury was selected from local area where incident took place. Instruction to jury on closing arguments was only felony murder by prosecutor. Another person pled no contest to 2d degree murder just months after first man was convicted and sentenced. First man only witnessed murder but took no part, had no knowledge of a crime to be committed, had no knowledge the other person had a gun. No investigation into the alleged robbery. Gun could not be identified as the murder weapon, No witnesses, no finger prints, no DNA.. want to take this case back to court, do you think we have a chance of getting first man out of prison?
DUI / DWI Attorney
Sounds like an extraordinarily complicated case. . . with potential for legal issues. One would be well-served in speaking with experienced APPELLATE legal counsel. Gordon Widenhouse is a highly respected attorney in North Carolina.
See his contact info below. Powers McCartan, pllc is NOT associated with Mr. Widenhouse or his firm.
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
Any murder trial is going to go on for days or weeks, and there are bound to be a few errors made in court procedures, evidence, etc. It just is not possible to be perfect. And it is almost certain that there will be some sort of appellate review of the trial and conviction whereby the court of appeals will determine if any of the errors made were of sufficient legal significance as to have altered the outcome of the case. To be honest, most of what you have pointed out is either not likely to be considered by the court. The role of the court of appeals is not to review whether the evidence was sufficient to convict--the jury has already done that and that issue is now closed--but only whether the court properly followed and applied the law. Issues with courtroom procedures almost never are deemed to be so serious as to warrant the case being re-tried.
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Criminal Defense Attorney
I do not see any procedural error that would get the first man out of prison from the details that you put. However, this murder trial probably lasted several days, and there would be a LOT of evidence (transcripts, etc) for an experienced appellate lawyer to review. The first man needs to hire an experienced appellate lawyer immediately so that a lawyer can go through all the details and determine if there are any appealable issues.