Legal Question in Criminal Law in California
Question about a retrial
My friend was convicted of murder. 4 others were tried also for the same crime becuase they were all there. 4 were convicted and one was acquitted. My friend has had an appeal going for a while. The guy that got acquitted just gave a deposition stating that my friend didnt do it. Would he be eligible ofr a retrial or anything? Is there any avenue he can pursue to get out because of the deposition?
he has been in 11 years now.
2 Answers from Attorneys
Re: Question about a retrial
does your friend currently have a private attorney or public defender actively working on his case? when was the deposition taken that seemingly clears your friend from the allegations? email me back with the specifics of the case and i may be able to assist you legally.
Re: Question about a retrial
The mere presence of your friend at the scene may be enough to suppor the conviction. The deposition would have say more than that he did not do it. The deposition would have to state that he was not present. Even though that may not be enough to help him. If he had an appellate attorney contact that attorney with this information. That attorney is in the best position to evaluate the information.
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