Legal Question in Appeals and Writs in Virginia
appealing a manslaughter verdict
I was a battered wife and was convicted of manslaughter after my husband and i were involved in a violent struggle over a knife. I had a minor injury and his injury was somehow fatal. Since it was a struggle and i am not sure how i got stabbed or how he was stabbed and my fingerprints were never found on the knife and i never once said i stabbed my husband, even though the prosecution tried hard to make me confess to stabbing him i didn't , with this info alone that was mentioned during the jury trial among other questionable events that claimed to have happened that night such as a neighbor who lived 4 apt.s away claimed he saw me chasing my husband with the steak knife at 9pm and again i did not do that and my fingerprints were never found on the knife, do i stand a chance at an appeal. And if i appeal and win the appeal what happens next?
1 Answer from Attorneys
Re: appealing a manslaughter verdict
The attorney who represented you in the trial of the case would be in the best position to address your first question. Regarding the second, if you were to "win your appeal", meaning if the trial court verdict were reversed by an appellate court(not too likely in the Commonwealth), the case would probably be remanded to the lower court for a new trial.
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