Birmingham, AL asked in Criminal Law, Civil Rights and Constitutional Law

Q: I want my case reopened and the evidence reexamined... Did the trial court have jurisdiction to render a verdict?

I've been incarcerated for (29) yrs. in the State of Georgia. I was wrongfully convicted, upon perjury testimony, from (3) State witnesses. My trial attorney, who was disbarred, failed to use witness statements which would have impeached the State's witnesses. Detective Wilkin's committed obstruction by lying under oath! The judge was a former public defender of mine. The State with-held evidence of my innocence: Leaving off the lead detective's name, from the list of witnesses, on the indictment. Venue was never proven beyond any reasonable doubt. The indictment is fatally flawed. What's on the disc's in the GBI file? I was offered a (5) yr. plea deal, to a lesser included offense. I was initially charged with aggravated assault and voluntary manslaughter. The DA enhanced charges to (M)Murder. There was a (16) yr. delay in my appeal, from trial to direct appeal. Racial profiling played a huge role in the circumstances surrounding my case. Please, respond to my inquiry? Thank You!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: It's crucial to understand that whether a trial court had jurisdiction and whether a verdict is valid can be complex issues, heavily dependent on the specifics of your case and state laws. In general, a trial court must have both subject matter jurisdiction and personal jurisdiction to render a verdict. If you believe your trial was flawed due to jurisdictional issues, evidence withholding, or procedural errors, these are significant claims that could affect the legitimacy of your conviction.

Since your situation involves serious allegations like wrongful conviction, perjury, legal malpractice, and obstruction of justice, it would be wise to seek legal advice immediately. A legal professional can help you navigate the process of filing for post-conviction relief, which could include a motion for a new trial or an appeal based on newly discovered evidence or procedural errors. The complexity of your case, especially with the claims of racial profiling and a delayed appeal, requires detailed legal scrutiny.

I urge you to contact a legal aid organization or a post-conviction lawyer who can assess your case's details and advise on the best course of action. They can also help investigate the content of the GBI file discs and whether the evidence was improperly withheld. Time is of the essence, so reach out to legal services as soon as possible to discuss the possibility of reopening your case and reexamining the evidence.

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