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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116716
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I want to overturn my conviction of 1995 already served. have

Customer Question

I want to overturn my conviction of 1995 already served. have evidence of inocence in matter in discovery paperwork ie.. rape kit came back negitive hours after aleged crime,,my doughter ,didnt want to live by my rules and said i ,,had intercourse with her,, rape kit never was introduced as evedance ,served 7-14 yrs. want to reverse this .
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
Is this evidence newly discovered evidence? Do you have any newly discovered evidence that was not available at the time you went to trial? Did you appeal the conviction back in 1995?
Customer: replied 4 years ago.
No it is ariginal evidence from hospital rape kit,,never entered i tryed to appeal but public deffenders wouldnt handle for me ,,and didnt have resoces to hire att. for appeal.
Expert:  Law Educator, Esq. replied 4 years ago.
I am afraid that legally you would have to file a "Motion for Post Conviction Relief" and under the law in NH, post conviction relief after 1 year can be granted only if you have the discovery of new evidence that was not reasonably discoverable during trial. Thus, legally the court could not hear a post conviction petition without newly discovered evidence. If the alleged victim decides to recant their allegations, this would be grounds for filing the post conviction relief now. Absent any new evidence, I am afraid that legally your recourse here would be to file a petition for a pardon from the governor through the board of pardons and parole.


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