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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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If a District Attorney is dishonest in a trial such as mispresenting

Resolved Question:

If a District Attorney is dishonest in a trial such as mispresenting evidence including a patholgist's role in an autopsy, is there anything the convicted defendant can do? It is unknown if the defense knew about the pathologist but did know about the the misreprentations as well as the judge.
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.
Do you know whether all appeals and post conviction petitions have been exhausted?
Customer: replied 7 years ago.
No, she is entitled to a Writ of H.C. because she had a trial and the appeal after that. This is a capital murder case in the death 11 years ago of an "under 6 years old child" where there is no evidence the mother did it nor that she was the last person with the child alive. My research shows it was a terrible accident under the care of the father. The child had fallen off a table onto cement. The mother was home in bed on medication for back problems. He put child to bed. Next morning after he went to work, mother gets up and finds child dead in bed. He fabricated a story (which I can prove) and there was no effort to investigate his story. They pled her "not guilty" because of medication. Yet she never agreed to this! The poor woman was easy to convict. I met her 4 years ago as a penpal; started visiting her; she told me her story after some time. I got the transcripts including appeals case. I have been working on it for about 2 years and have enough evidence on several fronts. We plan for me to go back to her defense attorney. All these people are friends.
Expert:  JD replied 7 years ago.

You are always entitled to a writ of habeas corpus while incarcerated. What I mean is... has she exhausted her normal appeals process? How long has it been since the last court action (including appellate)?


Sorry I went offline for a bit. I will be online most of the evening. My responses may be sporadic as I am in some heavy research, but I will respond.

Expert:  JD replied 7 years ago.

Actually I think it is safe for me to assume her normal appeals have been exhausted. If this is not true, please let me know and I'll update my answer.


At this point her options are obviously limited. However, you seem to be indicating that you have discovered new evidence that you think would have substantially altered the outcome of the trial. In that situation the proper petition to file is a Writ of Error Coram Nobis. This is a petition to set aside a verdict and grant a new trial where new evidence has come to light that would substantially impact the outcome of the case. These writs are used to prevent "manifest injustice" that can be created by keeping out newly discovered evidence that would exonerate a defendant (such as newly discovered DNA).


Texas courts have held for some time that a Writ of Habeas Corpus is the only recognized action to challenge a standing judgment. Therefore your attorney may have to either 1) file the writ in federal court or 2) file the writ as a habeas writ and make the factual allegations and manifest injustice argument. The practical effect has combined the titles to these writs into one, but the arguments are distinctly different. Your attorney will be able to guide you.


I must point out that this is a long shot. However, you will want to discuss this with her attorney along with numerous other potential procedural challenges she may file under the Writ of Habeas Corpus route.


Please reply if I can help further.



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Edited by JD on 3/6/2010 at 12:17 AM EST
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