Legal Question in Criminal Law in Indiana

Appeal

My husband was charged & convicted of child molesting 20 years ago. He was blacked-out drunk and does not remember driving home the night it supposedly happened. I went to the courthouse and read the entire case over. There was no evidence. The mom said there was ''penitration'', but the hospital found different. There were psychologists that talked w the whole family. We want to appeal this judgement. My husband wasn't sure if it ever happened or not, he didn't think he was capable, but his attorney said if he plead not guilty, he would have to put his 3 year old step-daughter on the stand and call her a liar. (Which we not know if false) But that's why he plead guilty. They really had no case. He thinks his x was mad b/c he was gone for 3 days. She uses it against him to this day. They have another child together. Can we appeal this? Will he have to be re-tried? Is there a statue (?) of limitations on filing for an appeal? Can we do this w/out an attorney? FYI This is Indiana.


Asked on 4/18/08, 12:45 pm

2 Answers from Attorneys
Daniel Hancock Hancock Law Office

Re: Appeal

20 years is far to long to file an appeal at this point. A notice of appeal on a trial must be filed within 30 days of a conviction.

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Answered on 4/18/08, 1:05 pm
William Morrison Action Defense Center

Re: Appeal

Can we appeal this? NO!

Will he have to be re-tried? Not applicable

Is there a statue (?) of limitations on filing for an appeal? YES! It expired a long time ago.

Can we do this w/out an attorney? You can't do it with or without an attorney.

He pleaded guilty. No one forced him to do it The fact that you married a sex offender bothers you and no one else.

You are well advised to leave his former family alone.

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Answered on 4/18/08, 11:22 pm


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