Legal Question in Criminal Law in New Mexico

Appeal

I want to appeal a criminal case that has new evidence. Need to know what to appeal it under.

In November 2003, plaintiff was arrested pursuant to an arrest warrant in

Otero County, New Mexico, and charged with nine criminal counts. A jury

convicted him of one count of false imprisonment and one count of tampering

with evidence, and the trial court sentenced him to three years� incarceration. His

attempts to overturn his conviction were unsuccessful on direct appeal and on

both state and federal habeas review. He was released from jail in March 2006.

Defendants without prejudice, holding that because plaintiff had not overturned his conviction, his � 1983 claims for malicious prosecution against the County

Defendants had not accrued.

Do I appeal under the � 1983 or is there some other way to appeal these convictions?


Asked on 6/28/09, 7:35 pm

1 Answer from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Re: Appeal

As I do not specialize in appeals, I suggest you seek an attorney who does so specialize...and I believe you may to seek a proffesional in New Mexico.

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Answered on 6/29/09, 2:30 am


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