Asked in Criminal Law and Appeals / Appellate Law for Georgia

Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to brain this to my attention that "Hey, that wasn't your shoe". She said, "it doesn't fit, you must acquit". What do you say?

1 Lawyer Answer
Charles William Michaels
PREMIUM
Answered

A: First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.

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