Legal Question in Criminal Law in Texas
misconduct on part of the da's
my son has been in jail for 1 year for capital murder the boy he was with confessed to the murder during his trial. my sons case was dropped to aggravated robbery his trial started yesterday we went court today and the da showed a video of his lineup which showed capital murder accross the top they had a file on the desk with my sons picture and the other young man and again in big letters says capital murder if the jury saw the things i saw would that be inappropriate steering them in the wrong direction also after we came back from lunch we were sitting in the courtroom and the 2 da's and our attorney were discussing what to put in the charges going to the jury one attorney started laughing and said why don't we charge him with capital murder. i could not believe what i had heard and i told him i did not think that was funny what if anything can be done about this? one more thing they had a convicted felon on the witness stand for the da i am sure they gave him ammunity for testifying he was even bragging on the witness stand about dealing drugs prostitutes and stolen goods is this normal and legal. please help have to be back in court 10am tomororow
1 Answer from Attorneys
Re: misconduct on part of the da's
Hello there,
I'm sorry this is a late response but I have been out of town and I just read your e-mail. I am appalled to hear that this evidence was presented to a jury without an objection by counsel.
His attorney should have objected to how prejudicial the evidence is and how its probative value is outweighs by its prejudicial effects and should not be admitted as evidence.
Regardless, hopefully your son got a not guilty verdict. If he didn't this is a point that can be used in his appeal regarding his counsel was ineffective.
Sincerely,
Erick Platten
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