Legal Question in Criminal Law in Wisconsin

Ok so...I just want some advice on this situation on what my options are about getting an old case looked at. My uncle was arrested for murder july 2000. And was convicted january 2001. There was no body (still no body) no murder weapon, no crime scene, no physical evidence proving he committed this crime. At the time she had a boyfriend (in which we found out was an ex-cop in a different state, which was never mentioned during trial) this man disappeared shortly after the trial. Basically I'm trying to ask what can we do to get this case looked at again? He was not represented fairly by his public defender. (I even found a 107 page document written by a supreme court justice talking about corrupt court system in dane county the public defender as well as prosecuting attorney were mentioned) i guess I am confused due to seeing all these murder trials where they have evidence and they are not convicted 3-5 years later with physical evidence such as a body, murder weapon, confession. Just want to know if there is anything we can do to try and get a new trial or prove he was represented poorly.


Asked on 5/19/14, 3:21 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Reopening a 13 year old conviction is nearly a lost cause without some new evidence which could not have reasonably been located or presented at the first trial, such as DNA evidence pointing the finger at someone else. Failure to disclose exculpatory evidence by prosecutors is an excellent argument if the exculpatory evidence could not have reasonably been discovered by your private investigator at the first trial via routine "due diligence." The undisclosed ex cop boyfriend who later vanished is potentially such a lead, although general opinions about problems with the court system are not. Hire an experienced criminal lawyer to take a second look at the case if you want to help your uncle.

Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials.

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Answered on 5/20/14, 5:41 am


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