QUESTION

If my husband signed a confession to a homicide during an intense interrogation and was convicted but is innocent and even has a confession from the right person what should we do ?

Asked on Dec 21st, 1998 on Criminal Law - Tennessee
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If my husband signed a confession to a homicide during an intense interrogation and was convicted but is innocent and even has a confession from the right person what should we do ?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Everyone has a right to appeal a conviction for a crime. There are strict time limits on filing an appeal. Ordinarily, the appeals court considers matters of law and not facts. If you have newly discovered evidence of innocence, you can petition the trial court for a new trial, however, there may be time limits on this as well. And finally, you can bring a habeas corpus petition in federal court within one year after the conviction becomes final in state court, which means one year after the last appeal was denied. You may want to contact one of the Innocence Projects around the country, suchas the one at Cardozo Law School in New York City or Northwestern Law School near Chicago which specialize in assisting factually innocent persons in overturning their convictions, at no charge.
Answered on Dec 21st, 1998 at 12:00 AM

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