I am so upset I tend to be repeating myself. 1. New York State does not have a self-defense statue, so the charge is murder, but the charge was added twice for one death, thus, double jeopardy which the high courts have just handed down as being illegal and unconstitution , that's why I need a pro-bono Lawyer/professor of Law to help I have called everywhere and they are overbooked for the same reason I stated above, to be honest my nephew has been incarcerated since he was 18, and now he is 33, in a self-defense case turned into murder and double jeopardy by the courts , mainly because the family is poor and a inadequate defense , at his trial.
2006-07-17 06:07:41 · 8 answers · asked by Savannah G 1 in Politics & Government ➔ Law & Ethics
If you can not afford a lawyer, one will be appointed to you. Contact the appointed lawyer. The jury doesn't know the family or the finances so I'm sure there was evidence. You really need to either contact his appointed lawyer, or get on a waiting list.
DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendment to the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).
Your nephews case does not sound like Double Jeopardy to me.
2006-07-17 06:09:26 · answer #1 · answered by Justsyd 7 · 1⤊ 0⤋
Well New York may not have a statute regarding self-defense but the New York common law recognizes self-defense as a defense from a murder charge. I'm not certain how your nephew was charged with two counts for murder if there was only one victim. It is possible he could have been charged with murder and conspiracy to commit murder or murder and attempted murder had their been more than one victim. I would contact the local state bar and request an attorney pro-bono. I would request an appellate advocate, because at this point you are appealing his conviction but it seems as if it has been fifteen years since his trial so I don't know what chance you have.
2006-07-17 06:22:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is completely legal to be charged two murders in one death however I don't know the circumstances. For instance a police officer is shot and killed you have one charge of murder and another charge of murder of a police officer. Your not very specific and law is very complex. I doubt this is the forum for you to get a good answer on.
2006-07-17 06:14:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What is your question? Did the court not appoint him a lawyer? I would seek a lawyer advice line where you can at least talk to a real person (other than on here) about what you need to do.
2006-07-17 06:11:18 · answer #4 · answered by ekaty84 5 · 0⤊ 0⤋
if it was a preg woman then they could charge with double murder but i dont think they can otherwise
2006-07-17 06:11:44 · answer #5 · answered by me 5 · 0⤊ 0⤋
try contacting major schools of law, like yale, harvard,emerson etc.. maybe you can get one of them to champion your case.Good Luck
2006-07-17 06:13:42 · answer #6 · answered by Chuck H 4 · 0⤊ 0⤋
I don't think that is what constitutes "double jeoprady".
2006-07-17 06:14:55 · answer #7 · answered by jenny in ohio 3 · 0⤊ 0⤋
Sorry to hear that? and what would you like me to do about it?
2006-07-17 06:09:33 · answer #8 · answered by littlebopeep 3 · 0⤊ 0⤋