Legal Question in Criminal Law in Mississippi

wat do i need to do to get a case overturned after (10) yrs? it is a sex case where the was no evidence just testimony only one of the witnesses admitted that they had been told wat to say in court more than 15 times. the judge did not advise the defendant that he could testify if he wanted to (and he did). during deliberation one of the jurors walked out of the deliberation room to smoke did not let the court know. the judge found out about it and called the juror in the courtroom an question him about it and he admitted that he was in the hallway smoking (where there was a lot of people from the courtroom) the judge admitted his wrong by saying " i'm sorry there is a rule of the court an i ment to tell u that when i send u in that u r not to come out till u have a verdict do u understand" there is more . but to sum it all up the man is innocent . an needs help.


Asked on 9/27/12, 4:34 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

UNDER MOST CIRCUMSTANCES THE ATTACK HAS TO BE FILED WITHIN THREE (3) YEARS OF THE DATE OF THE CONVICTION EXCEPT IN THE CASE OF BREACH OF CONSTITUTIONAL RIGHTS (WHICH SEEMS TO HAVE HAPPENED HERE) AND/OR IN THE CASE OF NEW EVIDENCE OR NEW LAW WHICH WOULD ASSIST THE DEFENDANT IF IT WERE PASSED PRIOR TO THE TRIAL DATE IN THE OLD CASE. SEEK COMPETENT BUT WELL EXPERIENCED CRIMINAL DEFENSE COUNSEL TO SEEK TO SET ASIDE PLEA AND FILE A MOTION FOR POST CONVICTION RELIEF IMMEDIATELY CITING AN EXCEPTION TO THE 3 YEAR LIMITATION PERIOD OTHERWISE APPLICABLE TO THESE CIRCUMSTANCES.

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Answered on 9/27/12, 7:08 pm


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