I am a Paralegal/Veterans Advocate who help veterans convicted for crimes that were provoked by a military disorder/PTSD-TBI. I have a veteran who desires to pay for legal services which can be assured to get a new trial or a reconsideration of sentence; because he was illegally sentenced to a life in prison for accomplice homicide in the state of Pennsylvania in 1972 that was under a Repealed Statute.
I believe this should be classified under military law so I will repost it for you. As for the answer I would say if the person was sentenced before the statute was repealed it will be a tougher argument. However if it was repealed before he was charged I would say he has a great case for reversal. Good luck.
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures a person may encounter. The information is only for education and not intended to create legal representative of anyone.
There are no assurances about "new trials, or reconsideration of sentence.
I am reading your post properly this has nothing to do with military law, it appears he was convicted in the state of Pennsylvania for a crime and he just happens to be a veteran Who wants to claim that an injury 45 years ago should have been part of his defense.
Your client needs you speak to her attorney who handles post conviction issues.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline