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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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My 1st federal trial is over - I was found quilty. That trial

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My 1st federal trial is over - I was found quilty. That trial included key technical evidence from that crime scene along with 404(b) evidence from a crime I am charged with in a seperate federal district. Much key evidence in the first trial is now in place for use in the coming trial. The technical evidence in the first trial was testified to at trial by forensic chemists, but they acknowledge that thier analysis was limited to a visual review only. The defense offered no counter testimony. The analysis of that same evidence, done in preparation for the coming trial, was recently performed by defense experts. Their analysis was of a scientific review more than a visual review. They find that the conclusions reached by the gov. experts who testified at the 1st trial were in error such that the opinions and conclusions on the evidence were in error. These errors would likely have changed the guilty verdict of the 1st trial. My question is: Can these new findings be presented to the appellate court that is currently reviewing the 1st trial? If it can be submitted, how i.e. from what legal stance would it be submitted?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question.

The appellate record of your first trial only includes what was presented at trial. After the trial has concluded, no new evidence may be added to the appellate record. So, no - that separate analysis cannot be argued on appeal on its merits alone.

However, if there was scientific evidence that could have been used in your defense, and it was not introduced, that was your attorney's fault. You may get a new trial if you argue ineffective assistance of counsel on appeal, using that additional expert evidence to demonstrate that your counsel was ineffective and the only correct remedy is a new trial.

Thank you for your question and welcome to JustAnswer.com.

It doesn't have to be "attached". It is an outstanding liability, and counts against the value of the company, just like any debt. If the judgment is worth more than company, your first attorney is correct that its value is zero.

To look at this logically, would anyone pay anything for that company with that judgment out there? Of course not. It counts against your assets, and in this case, apparently negates them.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Also, please keep in mind I want you to be satisfied. Please continue to follow up with me if you need more clarification.

Thanks!

Nathan Moore
Customer: replied 5 years ago.
There appears to be a 2nd response here not related to my question?
Expert:  Nate replied 5 years ago.
Sorry! I was helping someone else out at the same time and must have accidentally copied it to your answer.

The first half applies to you. Ignore the second half.
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