What is the best way to attack lack of Jurisdiction?
In 1992 I was tried for 2 crimes and there were no lessers within the information or instructed to the jury. The jury acquitted on one and convicted on the other. At sentencing, I brought the fact there was no evidence of a crime to the attention of the court. The Judge accepted my argument in agreement finding me not guilty.
The State wasn’t happy and there was a private hearing without me present where the court, counsel and state agreed to judge me guilty of a lesser and put me on probation while the state appealed.
The State didn’t appeal apparently wanting to let the void judgment stand. I violated the probation and was sent to prison. As you can imagine, the State doesn’t want the court to vacate this judgment and enter my acquittal. Cause of action accrues when a case is terminated period. This case though 28 years old hasn’t been completed.
This also isn’t a wrongful conviction but an illegal detention.
The State acknowledges I didn’t commit the crime.
Judgment has no Subjective Matter Jurisdiction,.
Arizona doesn’t have a leg to stand on.
2 attorney answers
This is a criminal law area. i think you should find attorneys who handle criminal appeals.