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What actions other than an appeal or writ can help someone wrongly convicted when we have evidence of gaps in testimony?

Dallas, TX |

1998 my brother met 14y girl who lied saying she was 19.Met foster mom & she wanted him 4 herself,he refused & she filed 2 sex assault charges in Nov & Dec of 98.He warrested,girl was pregnant & he then aware of her being underage.Police report states she lied about her age.He went 2 prison 4y non agg assault.Attorney said plea was best due to pregnancy.14ys later his promiscuous stepdaughter already privy to his past didn't want him there because he was helping her mom keep boys away so she lied & said he tried to rape her.Her story changed over and over up to trial date when she stated he just grazed her breast w the back of his hand.None of his evidence allowed,no character witnesses,her mom who didnt believe not supena,he not allowed testify.Got life & must do 30y like agg b/f parole

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Attorney answers 4


A writ or a pardon are his only options. And he has a much better chance at a writ. You would need to hire an appellate attorney to review the record for possible grounds for a writ.

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The only two ways to challenge a conviction are by direct appeal or by writ. You will need to hire a lawyer (a different one from his trial lawyer) to raise these issues.
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Your brother's only options as to getting his case overturned are by direct appeal or by writ. The direct appeal route may be foreclosed if a timely notice of appeal or motion for new trial was not filed. Your brother should seek counsel immediately.


A writ is your best option assuming the appellate deadline has expired. Get an attorney on board ASAP.

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