Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
The appeals court won't re-weigh evidence or re-argue the facts. The appeals court will either affirm or reverse the decision or send the case back to the trial court for further proceedings.
IF the appeals court sends a case back to the trial court or reverses the decision and you get a new trial, then the outcome certainly could be different and more time could be assessed. Thus, it is POSSIBLE for this to happen with an appeal.
ok. What circumstances would cause the case to be reversed?
He has sent a Habius Corpus as well. He believes his constitutional rights were not observed in how they withheld evidence.
Would you suggest that he drop the appeal and keep the Habius Corpus to keep from going back to trial?
He does not want to go back to trial. They convicted him on a crime he did not committ and he has done time and he does not believe the in system to protect him because of what he went through already.
Thanks for your time Kirk so much! Tina
He may not got back to trial - - it just depends on how the appeal turns out. Also, if the current judgment is reversed, it should give him some good bargaining power for a possible plea.
If the appeal is pending, then it may be best to let it proceed as it may result favorably.
just one last question please. If they decide it goes back to court for a new trial, could he decide not to go back and just finish out his sentence?
he only has a few more years to go now that we have waited all this time.
Will the habius corpus do anything to help him?
If the appeal results in a reversal of the trial court's decision, then the sentence would be thrown out and he'd have to stand trial again.
A habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful. If he's already been sentenced and is serving time, then it's probably futile to have a writ pending because the only way his detention would be considered unlawful at this point would be if the original sentence was improper - - which would be an issue for appeal.
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