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HOW AND WHAT KIND OF LAWYER CAN A PRISONER GET FOR A HEABUS

 
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Customer Question

HOW AND WHAT KIND OF LAWYER CAN A PRISONER GET FOR A HEABUS CORPUS OR A CLEMACY AND WHERE CAN THEY FIND ONE-ARE THERE COURT APPOINTED LAWYERS FOR THIS MATTER

 

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State/Country relating to question: Kentucky

Already Tried:
MY NEPHEW WAS SENTENCED IN A Military Court BUT NOW IS IN KY-THERE ARE ALL KINDS OF FLAWS AND HE HAS BEEN TURN DOWN FOR PAROLE AND WE JUST STUCK IN THIS UNJUST

Submitted: 331 days and 9 hours ago.
Category: Military Law
Value: $38
Status: CLOSED
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Expert:  psimmons replied 331 days and 9 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The first appeal from the military is automatic. They will provide him an appellate lawyer. But if he looses that appeal, then he would need to hire a lawyer to file a Habeas petition or to file an appeal to the CAAF (Court of Appeals for the Armed Forces).

If you google "military law attorney" you will see lots of folks who practice in this area...pick one to assist if you need help with a further appeal or with clemency.

Customer replied 331 days and 9 hours ago.

in his appeal we found that we was not satisfied with using a military lawyer-is there such thing as a crimanal lawyer that specialize in military laws

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Expert:  psimmons replied 331 days and 9 hours ago.

Yes...exactly...that is the google search for "military lawyer". You are looking for a retired military lawyer who is now a civilian. They have the experience you need to file the case and are no longer in the military.

Customer replied 331 days and 9 hours ago.

would he be able to obtain this kind of lawyer with in the prison system (court appointed) and do you have any questions that i may ask the lawyer

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Expert:  psimmons replied 331 days and 9 hours ago.

he would need to pay for a lawyer now that his appeals have run.

As for questions? You need to pay for an hour or two of the lawyers time...let a lawyer spend a few hours reviewing the record of trial (since any appeal must come through the appeals process).

Customer replied 331 days and 9 hours ago.

would this lawyer be able to get the records or would we have to get them ourselves

Accepted Answer

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Expert:  psimmons replied 331 days and 9 hours ago.

You can pay them to request the records...but you will spend less if you request them up front and provide to the lawyer. The prisoner can request the records himself.

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
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Answered: 5/14/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

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Customer replied 331 days and 9 hours ago.

thank you so much for your time

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Expert:  psimmons replied 331 days and 9 hours ago.

welcome.

Customer replied 330 days and 11 hours ago.

is there such law thatset a 2/3rd mandatory release for a 12yr sentence if so then how do it works

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Expert:  psimmons replied 330 days and 11 hours ago.

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Customer replied 330 days and 11 hours ago.

if someone that was involved in the case wants to submitt an affividate of truth how would they do it and who would they submitt it to and at what point would it be presented

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Expert:  psimmons replied 330 days and 11 hours ago.

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Customer replied 330 days and 11 hours ago.

he was represented by Mr. Frank Spinner at the time and was told that there were so many flaws in this case and one of them was the the testimony of the codefendent but know the codefendent wants to admit to the truth

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Expert:  psimmons replied 330 days and 11 hours ago.

OK...so what is it he is trying to do? Have the codefendant submit an affidavit?

Customer replied 330 days and 11 hours ago.

yes-where would he get the forms from and to whom should he submit it to-he is thinking about going thru the National Clemency Board-is that a good thing

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Expert:  psimmons replied 330 days and 11 hours ago.

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Customer replied 330 days and 10 hours ago.

is the National Clemency Project a place to start this process because most of the lawyers I spoke to won't take the case or to expensive to try and sort this case out

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Expert:  psimmons replied 330 days and 10 hours ago.

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Customer replied 330 days and 10 hours ago.

thank you once again

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Expert:  psimmons replied 330 days and 10 hours ago.

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