Legal Question in Criminal Law in North Carolina
Overturn Conviction
I assume it is possible to overturn a conviction that has run the appeals process (Supreme Court). The trial took place in a US District Court.
Can new testimony from a witness who did not testify before create a scenario to overturn the conviction?
The witness does not know the convicted person except being approached by him for a short time one day before the crime was committed. The testimony implies evidence tampering, but there is no physical evidence to support it. Is it possible for testimony corroborated by two people who do not know each other make it possible?
1 Answer from Attorneys
Re: Overturn Conviction
If your case has been through the appeallate system, including federal habeas and petition to US Supreme Court. There is little that you can do. At this stage the process is to focus on error and not evidence, unless it was admitted unconstitutionally. You have one year from the date your conviction becomes final to seek federal habeas review. After that you are limited to state review. If you can show that there is NEW evidence, that had that evidence been admitted you likely would not have been convicted, maybe. BUT, the evidence must be NEW and despite due dilegence at trial, could not have been known at the time of trial. This is a very high standard to meet. If you can show "actual innocence", again maybe. You will have to explain why the witness did not testify at the time of your trial. IF this evidence was available and you simply did not call the witness, I don't believe this would suffice to get back into court.
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