my brother was wrongfully convicted in 2008 after his girlfriend at the time, accused him of rape after he tried to break up with her. They were living with me at the time, this never happened. My brother was convicted on NO EVIDENCE, NO DNA, no forensic testimony, NO witnesses called on my brothers behalf, not even his girlfriends' mental hospital records were subpoenaed, when she was in the hospital 4 times within couple weeks before accusation for depression, suicidal tendencies because her mother had recently passed. my brother had a public defender, due to lack of money at the time. his counsel didn't even open his case until couple days before trial, knowing he was facing life. my brother has never had a record of such. I need to find a lawyer to help. I now have Power of Attorn
I wish I had better news. The deadline for filing a motion for postconviction relief here in DE is 1 year from the sentencing date or one year from the denial of the appeal if there was an appeal. Like all legal rules, there are a couple exceptions, but they are almost impossible to prove. A postconviction relief motion (aka a Rule 61) is his only option right now. He cannot get a commutation for a while. I recommend he try to file one pro se (on his own) and at the time of filing ask for the appointment of counsel. If his claims are decent, the judge may grant him counsel. Personally I do not take private postconviction cases past the deadline because the chance of overcoming the hurdle of missing the deadline is so small.
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