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Recent Habeas Corpus questions

My brother is serving a 20 year sentence in federal prison.

My brother is serving a 20 year sentence in federal prison. He has been in prison for more than 13 years. His ex-wife and step-daughter accused him of sexual molestation. My then 15 year-old niece accused three other men of the same thing and wrote a recantation letter admitting to lying about what my brother had supposedly done. I became a private investigator after this matter and have spent years digging into this case. I recently came across court documents of the child custody hearing where my niece admitted on the stand to lying about what my brother supposedly done. My brother was a former police officer and decorated veteran of Desert Storm & Desert Shield. His job with the police department was investigating people who had been accused of child molestation. During the investigation into the matter with my niece a booklet was found in his desk entitled The Pedophile Handbook. It was not how to be a pedophile, but how to investigate such matters. My brother received several like material when he attended a training conference in St. Louis, Missouri. Seventy-five days after he left his home where his wife and kids were living his wife turned over computers and discs she said belonged to my brother. The computer had a number of items the federal investigators deemed "indicative of child pornography." They were referring to a site called Sorry. I hit enter too soon. Petoland. ItJA: Because family law varies from place to place, can you tell me what state this is in?Customer: 's where children play with a virtual puppy or kitten. My nieces and nephew played that on the home computer all the time. Anyway...the attorney I hired to help my brother (case in Kansas City, Missouri) informed me that I should convince my brother to take a plea because circumstantially things did not look good. By this time my brother had been diagnosed with Parkinson's disease. I was made his guardian and did convince him to take a plea. I was told there is a 95% chance of a conviction and nothing more needs to be said than my nieces accusation. My brother's Parkinson's has worsened. The state of Missouri have granted him parole in March 2018, but the federal sentence was concurrent. I want to know what form I need to fill out to get the sentence changed given the new evidence I have found in the last nine months? Would it be Form 40 for Missouri? What form do I fill out for the Feds? I spent $345,000 on the last lawyer and all he offered was a plea. Thirteen years have passed. Has time run out on this matter?JA: Has anything been filed or reported?Customer: I had a lawyer submit paperwork for a pardon and/or commutation of sentence. Neither was granted.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Dwayne B.

Juris Doctor

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Defendant is charged with Poss of Controlled Sub in 2003.

Defendant is charged with Poss of Controlled Sub in 2003. Prosecutor files Allegation of Prior Conviction of Felony(Nebraska). In a later motion to Suppress Evid STATE admits that the disposition of the Nebraska case is unknown at time. DEF told his counsel he was not a conv felon. State offers pleas to Defendant that incorporate he is felon. Defendant was not aware that Prior is being included in Plea(s) offers. On the 1st day of trial STATE dismisses the Alleg of Prior and offers a new plea to defense counsel. Defense Counsel tries unsuccessfully to contact defendant regarding plea and whereabouts. Defendant did not show up to court for any portion of trial. Defense Counsel objects to trial in absentia but offers to judge that he is in contact with defendant (Def never spoke to defense) Defendant Found guilty in absentia. (only 5,000 of the 75,000 secured bond was forfeited) Defendant was never sentenced. Defendant arrested in Dec 2016 for Bench warrant for case and new charges) What is the likelihood that defendant can appeal the verdicts? Is this ineffective counsel considering defense never motioned to remove allegation even though in a motion he states that Defendant is not a felon? Wouldn't the defense counsel have a motive to lie about being in contact with defendant?

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Hammer O'Justice

Attorney

Juris Doctor

4,764 satisfied customers
Can you tell me the cost of answering the question, "Is a

Can you tell me the cost of answering the question, "Is a judge's failure to correct a Napue claim at trial judicial misconduct and if a prosecutor fails to correct a Napue claim is is prosecutorial misconduct, a felony?JA: What state is this in? And can you tell me a little more about the charge?Customer: California. 2 murder, 1st, conspiracy to murder by hiring killers, sentenced to 2 LWOPJA: Has anything been filed or reported?Customer: Appealed and denied, CSC would not review.JA: Anything else you want the lawyer to know before I connect you?Customer: We're also looking for an attorney to file a Napue motion/brief. I'm not an attorney or paralegal. I'm an advocate. Justice on Trial, Inc.

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Hammer O'Justice

Attorney

Juris Doctor

4,764 satisfied customers
Question just for Ray: Under FL civil law, if a County Court

Question just for Ray: Under FL civil law, if a County Court (not small claims) dismisses an individual officer from a corporate complaint upon motion by the Defense; and then grants Plaintiff's motion to reconsider that ruling, but upholds it after a hearing for reconsideration whereby it would presumably become "final"; what affect would still ongoing depositions have, if any, on a motion for leave to amend with an amended complaint to reinstate the defendant based upon evidence from the depositions AFTER the court's original ruling, and its reconsideration of that ruling? Simply; would the only way to reinstate be to appeal that ruling, or can the lower court reverse based upon a motion to admit the new evidence, and avoid the appeal?

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Ray

Lawyer

Doctoral Degree

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Can I file a writ of habeas corpus in family court case

Can I file a writ of habeas corpus in family court case involving state agency family court

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
Re: Habeas corpus that is filed challenging state and gone

Re: Habeas corpus that is filed challenging state and gone to federal level. What is remedy to continue challenge of wrongful conviction, if inmate w/time served Is released. Also, is attorney expected to continue /post criminal conviction challenge

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Maverick

Doctoral Degree

7,420 satisfied customers
My nephew was sentenced to 5 years and suspended 4 years and

My nephew was sentenced to 5 years and suspended 4 years and 1 month. He was on bond and revoked in Feb.4,2016 and sentenced April.7,2016. With 85% of the time to be served and credit beginning when his bond was revoked. Why is he being told his release date is in November? He was also granted an additional 1 month off his sentence which should have his release date in August. Can someone please help because his previous attorney is not helping, thanks

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Zoey, JD

Doctoral Degree

32,296 satisfied customers
My boyfriend is in CDCR and was serving two sentences that

My boyfriend is in CDCR and was serving two sentences that were to run concurrent. The prison said they were to run consecutive. We told the attorney and prison that there was a problem months ago when they changes his parole date and added another year. They did nothing about it. Then prop 47 moved him from the S.H.U. to GP in March 2016. That is when the case was finally reviewed. We went to court on June 8, 2016 to modify his sentence for release. The CDCR did not have their paperwork in order and we had to postpone for another week. On June 13, 2016 the judge ordered that he be set free and that in fact he should have been freed months ago. He is still sitting in San Quentin State Prison (Ad Seg) waiting to be set free. The paperwork was just sent through and it was incorrect. We now have to wait another week or so for it to be corrected. I caught the mistake after speaking with SQ records department. What can I do to get him out of there and make this right?

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Ely

Counselor at Law

Juris Doctor

67,968 satisfied customers
Knowing that it can be filed in either the Superior Court or

Knowing that it can be filed in either the Superior Court or a higher court, where should you file a writ of habeas corpus ?

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LawTalk

Attorney at Law

Juris Doctor

35,884 satisfied customers
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