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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29047
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Is there a statute of limitations for reopening a case

Customer Question

is there a statute of limitations for reopening a case regarding child pornography and a confession of guilt?
JA: What are the charges? What's the current status of the case?
Customer: charges range from viewing to uploading and sending files thru the internet. he is serving 2 yrs now with 6 more to go. he confessed but was told to say yes to everything by his court appointed lawyer.
JA: Has anything been filed or reported?
Customer: there was an appeal that was denied but never was evidence shown to disprove the allegations
JA: Anything else you want the lawyer to know before I connect you?
Customer: is it possible to see the discovery material in order to know what exactly was found? the client is willing to take a lie detector test to show he never downloaded anything to anyone ever
Submitted: 7 days ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A person who is unjustly incarcerated can file a Writ of Habeas Corpus at any time, explaining why the detainment is unlawful and asking a court to allow for release. One of the grounds for requesting a writ is Ineffective Assistance of Counsel that is so deficient, it effectively robbed the incarcerated person of the constitutional right to counsel.

Discovery is not typically allowed in habeas cases. He would need to show that here was some preliminary issue that wasn't initially resolved by the lower court, but that's problematic if he chose to plead guilty without first reviewing the evidence against him. With that said, the fact that his lawyer didn't even bother to request discovery before encouraging him to plead guilty counts in his favor.

This guidebook to filing may help:

http://www.mnd.uscourts.gov/Pro-Se/2241-PrisonerGuidebook.pdf

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Expert:  Lucy, Esq. replied 6 days ago.

Do you have any questions about this?