When bringing their case to the courts, the prosecution will rely upon numerous forms of evidence. Testimony from witnesses is among the most compelling forms of evidence they have at hand. A convincing account from witnesses at the scene can stack the odds against...
Year: 2021
Criminal appeals must have a basis
The criminal justice system says that people can only be convicted of a crime if the evidence shows they did it “beyond a reasonable doubt.” While this might seem like it’s fairly foolproof, this isn’t necessarily the case. A person who’s convicted of a crime might...
Can you include new evidence if you appeal a conviction?
The decision to appeal a criminal conviction is one that must be taken seriously. There are very specific reasons why a person might need to file an appeal. Regardless of the reason for the appeal, the person must ensure that they’re handling the situation correctly...
How does your defense attorney’s failure help you appeal?
When you face criminal charges in New Mexico, your defense attorney may be the only thing standing between you and incarceration. The lawyer who handles your defense has a major influence on the outcome of your trial and your ability to protect yourself. Most...
A move to seek clemency is made in an Oklahoma death sentence case
Clemency is one way that those convicted of murder may avoid the death penalty in some states. This recently became an issue in Oklahoma when the Oklahoma Legislative Black Caucus raised concerns and requested the governor to grant a man convicted of murder clemency. ...
When would a habeas corpus motion be appropriate?
If you are in trouble with the government, there may be some evidence against you. However, if you believe that the evidence is not strong enough, that a witness won’t appear in court or that there are other issues that should result in the case being dismissed, then...
An incentivized informant could help you file an appeal
In certain kinds of criminal cases, especially in criminal proceedings related to drug crimes, the police and federal law enforcement agents sometimes have to take creative steps to gather enough evidence for a conviction. Especially when federal agencies look into...
False confessions lead to wrongful convictions
Sadly, it is not uncommon for people to face prison sentences for crimes they did not commit. There are numerous factors that may contribute to a wrongful conviction -- including flawed investigations, mistaken identity and false confessions. False confessions present...
Does an expungement mean no one can see your record?
If you have a criminal record, and especially a felony record, it can make it hard to live your life the way that you want to. You may struggle to get a job when the background check is done. You may get turned down for loans. You may find it harder to rent an...
Why might Scott Peterson get a new trial?
Scott Peterson, who was convicted in 2004 of murdering his pregnant wife Laci and their unborn son on Christmas Eve in 2002, is not a particularly sympathetic figure. His case was also one of the biggest ones of its time, and the entire trial played out in front of a...