Andalusia, AL asked in Criminal Law for Alabama

Q: If a case has had appeal hearing set and the DA puts the case on his personal facebook and shares it with public is that

illegal and grounds for the case to be dismissed and if you have proof that the person on charges has been refused medical treatment (life treating) is that grounds for dismissal of case

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Criminal Law Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: You have violated a sacred rule of Justia: You have asked TWO Questions at once! Naughty, Naughty. Just this one time, I'll allow you to get away with it, and do my best to respond.

First: Can the prosecutor having posted information about your case on Facebook be grounds for reversal? Hard telling. Your question springs out of a legal disaster that followed in the wake of Hurricane Katrina in New Orleans. Responding to reports of shots being fired at police, officers opened fire on civilians on the High Rise Bridge Danziger Bridge, killing two people and wounding several others. The US Attorney's office took over the case and prosecuted the officers for civil rights violations. DURING THE TRIAL, prosecutors on the case were making public posts to the "NOLA.com" website, the web site for the New Orleans Times-Picayune. These public postings were deemed to be prosecutorial misconduct aimed at influencing the jurors who were hearing the case. Ultimately, the convictions were overturned. I think the defendant police officers are still pending trial. Can this be a reason for your case to be overturned? Maybe. Talk to your lawyer. The simple fact that the prosecutor made comments about the case...or more likely, his/her victory in the case...probably won't be enough to get the case overturned. But if public comments about the evidence in the case were posted and directed at the jurors during the case...don't hold your breath, but you MIGHT have a shot. Again, talk with your attorney.

Second: You are asking something about somebody being refused medical treatment...You're coming in broken and unreadable. I take it that you are asking about a defendant. The defendant has been convicted. He/she is now in prison with a medical problem and that the prison officials are refusing treatment. I also take it that this is a life threatening condition if not treated. You are asking if this is grounds for the case to be dismissed. The answer is, "No." It might be grounds to sue the Department of Corrections, but it is not going to affect the conviction. Again...talk to the lawyer. If that doesn't help and you have good proof that this prisoner is being refused treatment for a life threatening condition, you might want to contact the Southern Poverty Law Center. They have a prison project, and might be able to help you.

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