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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33299
Experience:  16 yrs. of experience including criminal law.
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My brother has just been convicted of shooting with ...

Customer Question

My brother has just been convicted of shooting with intent to kill, unlawful use of a motor vehicle, and stalking. There was absolutely not evidence to place him at the scene. The judge in the case disallowed all motions for all records on the victim who in certifibally mentally ill. The judge call our attorney and advised him to persuade his client, my brother to let him, the judge, to hear the case. He then found him guilty. What avenue of appeal do we have and how do we go about it?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
In Oklahoma

If you were convicted after a trial, you have an absolute right to appeal. An appeal is not a retrial of the case, but it is an examination of the trial record to ensure that the proceedings were conducted in a fair manner. This process varies depending upon the crime, but there are always time deadlines by which you must file an appeal.

There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include:

Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
Lack of sufficient evidence to support a verdict of guilty
Mistakes in the judge's instructions to the jury regarding your case
You may also appeal due to misconduct on behalf of the jurors, or you may appeal if there is newly discovered evidence to exonerate you.

So, based on what you have said, if the judge made errors and it was the reason you brother was convicted, he should appeal.

http://www.oscn.net/oscn/scrules/ccaforms.html

Above is the website from the Oklahoma court of appeals. It has the forms required to start the process. From what you say it sounds like the prior lawyer you had was not the best of help. I URGE you to get an an attorney who has experience filing criminal appeals in OK...this is the best shot that you have

Please let me know if you have questions else please hit the green button, its the only way i get paid