Legal Question in Appeals and Writs in Kentucky
how to appeal
An innocent person plead guilty to a crime his wife commited because he was lead to believe he would only be probated. He has served 3 years of his sentence and was denied parole due to someone calling in on him. I would like to know if there is any way the case could be taken back to court for a new trial or if there is another way he could be released from prison? Is there another way the sentenced could be reduced? Thankyou for your time and the help.
1 Answer from Attorneys
Re: how to appeal
Given that the individual has served three years of his
sentence, it is fairly safe to say that the time he had
to appeal his sentence has run. He may be able to attack
the conviction collaterally, through the use of the procedure
identified in Kentucky Rule of Criminal Procedure 11.42.
It would be helpful to know what crime he confessed to and what
his ultimate sentence was -- particularly when considering such
issues as parole eligibility. What did his lawyer tell him about
his chances at trial?
Much more information is needed to know whether there is any kind of
a chance of success, but the procedure does exist.
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