In 2017 my brother was convicted of Murder 2nd, Manslaughter 1st, Manslaughter 1st, Poss Cont Sub, Poss Of Firearm By Convicted Drug Offender. He tried for self defense based on a video that shows him and the victim fist fighting. My brother was in a casino that our family is well known to be in. The victim was mad about a girl they both dated and asked him to step outside. The victim swung first, and my brother hit him back. As the victim kept approaching my brother the video ended with the victim falling to the ground from a gun shot wound to the head. The victim was thought to have a gun in his pants the video also shows the victim having his hand in his pants the whole time. No weapons were ever found. The family continues to threaten him and his family. He just filed an appeal on everything they think went wrong during trial.
Habeas corpus is a post-conviction relief option rather than an appeal. Usually it is done following an appeal. The timelines are different than an appeal and so are the grounds. I'd highly recommend contacting attorneys in your state to discuss.
He would have to petition for writ of habeas corpus, and there are limited grounds under which such a petition can be filed. Additionally, state law specifically precludes petitioning for a writ of habeas corpus while a direct appeal is still pending. Thus, he will have to allow that process to finish and, if unsuccessful on the direct appeal, then consider petitioning. But he can petition and also ask to have an attorney appointed to represent him on the habeas; it would not be the same attorneys who handled his trial or his direct appeal.
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