Criminal Law Questions? Ask a Criminal Lawyer.
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Was your brother convicted at trial?
What was the crime he was convicted of?
If your brother's conviction is overturned on appeal, then your brother might have a legal recourse against the state (depending on the findings of appellate court), but not against the victims.
Also, the family would not have any legal recourse against the state or victims, regardless of what takes place.
Does this make sense?
It could, but generally only if there are some corroborating new evidence to support your brother's innocence.
It is generally very difficult to set aside or overturn a criminal conviction, especially for a major sex crime that was attained at a criminal jury trial.
Very strong exonerating evidence would have to be present, besides any victim(s) / witnesses changing their stories.
Unfortunately, sex crimes victims change stories all the time and generally the appellate court does not give much weight to such change of victims stories after a criminal conviction is obtained at trial.
I am sorry to give you this tough news, but please understand that I do have to provide JustAnswer.com customers with correct information, even when information is unfavorable to the customer's legal situation.
How old was the victim at the time the crime took place?
How old is the victim now?
or was at sentencing?
Well, does your brother have an experienced local criminal appeal attorney?
Well, it would be a good idea for your brother to hire an experienced local appellate attorney to represent him throughout his appeal.
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