My sister was murdered by her husband . He originally was convicted for murder 2nd and took plea ended up getting 21/2 to fifteen yrs and served 18 months . Was supposed to of gotten deported back to his birth country and never happened
You cannot. Such would be double jeapordy. What is the real issue and why now? I would suggest you confer with an attorney and make a full exposition of your thoughts and goals fully recognizing that 43 years will have closed many, if not all, avenues and options. Sorry.
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A case can be reopened, this long after the conviction, in what is normally referred to as a 6500 motion. This is raised in the trial court of the conviction, where issues can be raised that were never raised before, very often under an "umbrella" type of argument that the attorney at that time was ineffective for not having raised the issue. Your new issue will need to be supported as strongly as possible from either the record that exists already on the case, or by new evidence.
I do not understand what you mean by opening a 43 year old case. For what purpose do you want to re-open it? If there is an issue about deportation then you should contact the immigration services regarding that.
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