He was charged with 1 S's the degree murder, there were others during the crime he w as asked to come probably as the fall guy. He was a drug addict with some mental health issues. He refused to turn state evidence late r he said he feared his life from the others. They all turned against him, he was beaten badly while in custody then it w as told to us he confessed on tape. No eyewitness very highly publicized. All other so called witnesses were already serving time or ready to be sentenced.he almost did not have a chance with this case he had a public defender whose never tried a murder case before and he had no money and no support. This case was going to get a conviction of murder no matter who it was and it just happened to be him as the fall guy. We need help. Illinois inmate.
This situation does not sound good. Whether the defendant was convicted after a trial or on a plea of guilty, if this all happened twenty-three years ago then he has presumably already taken an appeal and failed, and perhaps has already pursued a post-conviction and failed. If he attempted a federal habeas corpus that has presumably failed, too, after all this time. If he has not attempted any of these remedies it is probably too late now. Nothing that you have told us in your posting suggests that there are any grounds for relief, or any obvious procedural remedies that have not already been attempted without success.
Nevertheless, you could retain an attorney familiar with Illinois appellate and collateral remedies to review his case and see if there is anything that can still be done. Such a review would be a substantial project and you should expect that it will be fairly costly, and also that the outcome may well be disappointing. The actual attempt to litigate some kind of claim for relief, if such a thing is possible, would be even more involved. At this stage appointed counsel may not be available, so the defendant's family and friends will have to be ready to chip in.
It is very unclear what the issue is here. Has the trial already taken place? What was the sentence? Are you looking for assistance to find out whether or when he will be eligible for release, or are you looking for help with an appeal?
if he is not eligible for parole then he will have to serve the full the sentence he was given. 23 years after the conviction means there is little that can be done now. Your only hope would be to try and vacate the conviction, which is no easy task. You need to speak with a criminal defense attorney or a group that advocates on behalf of the wrongly convicted.
Its hard to say from your paragraph anything more about this case or if he even has an argument to be made.
23 years later, you want to open up a case. Is there any newly discovered evidence that could not have been discovered prior to the trial?
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
He would need some evidence of actual innocense to help him. He's already shot himself in the foot in many ways but there have been cases where people have been exonerated after 20 plus years in prison.
Just read about Michael Morton or Kerry Max Cook.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline