Q: Hi, I am an investigator working on a wrongful conviction claim for two co-defendents in Wayne County MI.
After multiple FOIA requests and calling in some favors, it has been determined that their files and/or any paperwork from their case no longer exist. Do you know anything about filing a motion to dismiss their cases based on the fact that they cannot work on appeals or revisiting evidence etc. because their files are no longer available?
And, is that considered destroying evidence?
Thank you so much. Any insight you can give would be super helpful.
A:
What exactly are you looking for? I would find it unlikely / hard to believe that at least transcripts no longer exist.
I'm assuming the time for direct appeals has long passed. When you go to trial and lose, you have a right to appeal, but that applies to direct appeals. Time is of the essence. And no, you cannot just file a motion to dismiss a case because records are no longer available - especially after direct appeals. Unless you find new evidence, which wouldn't be dependent on whether there are court records or not, it's going to be an uphill battle getting back into court anyway.
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