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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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During a trial the Forensic Expert (A detective) witness for

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During a trial the Forensic Expert (A detective) witness for the State testified to the concocted forensic evidence that he could not make a positive match because of the man made markings in People’s exhibit #1 (a gun) but he did not explain or give what method he used to come to that opinion.
Trial Attorney did not question him on this. Defendant did not have an expert witness of his own.
Heart of the case was that people’s Exhibit #1 (a gun) that was used in a single murder (self-defense) was also used in a double murder for which the defendant is incarcerated for.
22 ½ years after the trial can the defendant use this to demonstrate prejudice for the 1st time?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was this information ever raised on the appeal, since it was made known in the trial evidently?
Customer: replied 3 years ago.

No this has never been raised on any appeal. We are not questioning the Expert but during trial, he never discussed how he came to his opinion. And since the trial attorney never asked any questions regarding this and the Expert did not make any reference to how he reach his conclusion. If the defendant was prejudice by this it may give him an avenue that has never been looked into before.


 


Ameena

Thank you for your response but I am afraid you missed my other part of that question. 22 years later I am afraid this is something that is too late to raise since it is not new information that has just been discovered. This testimony and the attorney's actions in not questioning this were known at the time the first appeals were filed and as such the defendant cannot get continuous chances at appeal years later. The only way to appeal something like this 22 years after the fact is if there is NEW recently discovered evidence that was not reasonably discoverable during the trial or first appeal. This is nothing new and as such should have been raised on his original appeals I am sorry to say. This is a case that if you file this on appeal now would be dismissed without even much of an answer from the appeals court I am afraid.



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