Legal Question in Appeals and Writs in West Virginia

Re: Requesting evidence

If the information was supposed to be shared but wasn't, it was your attorney's job to get it or do without it. If he had to do without it, it was his responsibility to make appropriate motions before, during and after trial.

On appeal, it's hard to get a conviction overturned because the prosecutor did not give over evidence. It has to be critical evidence that weighs upon the issue of innocence.

The government OFTEN keeps evidence under wraps rather than sharing it, and the strategy is this:

If I share THIS information, the defense will learn about THAT information. I don't want them to learn about THAT, so I won't use THIS information at trial and I don't have to share any of it. It also happens all the time in civil trials.

Talk to your trial lawyer and then get in there and file your claim of appeal in a timely fashion to preserve your rights.