Legal Question in Criminal Law in Michigan

Need help to reopen old murder case

I need some advice on reopening a murder case.I have the Preliminary Transcript and Trial Transcript.The victim was supposed to have been dropped off at 9:00 pm yet another witness said she talked to him long distance at 9:05 for about five minutes her husband took this phone bill to a detective but it vanished.It took 20 to 25 min to get there he would have got there at 9:30 or 9:35. Two other women found the body at 9:50 to 10:00. The Doctor said he could have lived up to 15 min after being shot. He would have gotten shot at about 9:35 to 9:45. This case has alot of unanswered questions. How can I go about to get this man a new trial or get someone read the transcripts to see that he couldn't have done this.The defendants atty was going to quit the Judge said he'd have to defend himself.The defendants atty hid two witness's from the DA and got caught.This case is a mystery the Detective suggested the defendants name to all the witness's. Thank You. Patty


Asked on 1/25/03, 10:56 pm

2 Answers from Attorneys

John A. Birdsall Birdsall Law Offices, S.C.

Re: Need help to reopen old murder case

It's hard to tell from the description what the grounds for appeal would be though sufficiency of the evidence and ineffective assistance of counsel come to mind. I assume that he has not had a direct appeal yet and that a request for a new trial has not been made. That would be the first move. You should also look at the possibility of a sentence reduction if it was excessive. It sounds like you are really aiming for a not guilty verdict in which case you would need to have either the trial judge or the court of appeals reverse the conviction and grant a new trial. Difficult propositions but, with a strong showing that he did not have a fair trial, it is possible.

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Answered on 1/26/03, 2:43 pm
Nancy Moore Nancy L. Moore, Esq.

Re: Need help to reopen old murder case

Patty, email me privately. I'm a Michigan attorney but am from Wisconsin. I might be able to help you find someone that can help. Also, I have a lot of preliminary questions to ask.

Nancy L. Moore,

[email protected]

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Answered on 1/26/03, 10:07 am


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