QUESTION
If the victim is determined to be part of the crime, does it affect how a defendant is charged?
Asked on Sep 23rd, 2012 on Criminal Law - Florida
More details to this question:
8 years post conviction exculpatory evidence was found hidden/withheld in the ADA's file in my husband’s 1st degree felony murder case. One of the items found that was never turned over to the defense was a criminal injury fund denial to the victims family. The letter sent to the victim’s family said the denial was based on a determination that the victim was part of the crime. TCA 29-13-105 states this. My husband has always insisted this was a case of self-defense not 1st degree murder.
8 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 1:56 AM
Michael J. Breczinski
Get an appellate attorney to analyze this new evidence and see what he says.
Answered on Sep 27th, 2012 at 11:41 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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He appears to have grounds for an appeal based upon prosecutorial misconduct and newly discovered evidence.
Answered on Sep 25th, 2012 at 4:04 PM
California has the felony murder rule. This states that if a person dies as a result of a felony then all that are guilty of the felony are guilty of the murder of the person that died. For example; three people rob a 7-11. Two go into the store with fake guns and one stays in the car as the driver. The clerk thinking the guns are real grabs a bat and hits one of the robbers in the head killing him. The clerk gets off with self-defense, the guy in the store and the one outside the store in the car are guilty of murder of the robber that died.
Answered on Sep 25th, 2012 at 4:01 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Take this info to your husband's attorney who handled the trial. He would be the best person to discuss this with and see whether or not it is evidence sufficient for a new trial.
Answered on Sep 24th, 2012 at 4:15 PM
Gary Moore
Normally, the decision on an award to the victim of a crime comes after the trial. How could the information included in the decision as to the award be shown to have been in the prosecutor's possession and not divulged to the defense? If you are right, it would seem that there is a strong post conviction relief application which could be brought.
Answered on Sep 24th, 2012 at 4:14 PM
You need to file a personal restraint petition to get a new trial.
Answered on Sep 24th, 2012 at 4:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The husband needs to hire an attorney to look into the possibility of post conviction relief. Just because there is a document saying that the victim was part of the crime does not mean what you think it does. It could have other meanings. If that is all you have, look for more problematic items.
Answered on Sep 24th, 2012 at 4:11 PM