Legal Question in Criminal Law in Virginia

Innocent man served 12yrs new evidence after all appeals exated

An innocent man has been sentenced to 60 years and has already served out 12 yrs. He has exalted all of his appeals but new documentation has been brought up about 5 years ago. She was admitting to her lying in court(she was in another room on television, not in court) and that all she was trying to do was make her parents split and never imagined the extent of her lies. Now that all appeals have been exalted what is the best plan of action to free this man with new existing evidence and a willing ''victim'' speaking of her lies?


Asked on 11/10/03, 7:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Innocent man served 12yrs new evidence after all appeals exated

You should bring this information to the attention of the attorney who last represented this individual in his appeals.

It's not clear from your question whether this person was convicted in either Texas or the Commonwealth of Virginia, but if the latter, I believe the so-called 21 day rule still applies

to newly discovered evidence in a criminal case,

meaning that the convicted individual only has 21 days from the date of his conviction to bring this evidence to the attention of the court which convicted him in order to obtain either a lesser sentence or an outright acquittal.

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Answered on 11/15/03, 1:37 pm


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