Legal Question in Criminal Law in Iowa

new evidence

my brother lives in iowa, he has been tried and convicted of sexual assault 2nd degree. his counsel was poor, the prosecuting attorney purposely led her witness to say information that was agreed to be left out. now, we found new evidence that could prove his innocence, his attorney said''It's over, forget about it'', what are the rules for new evidence, and how does he get a different court appointed attorney, or do you know a good criminal lawyer in Cedar Rapids?, we are worried that if we don't do something, he will be forgotten about. please help!

Asked on 3/31/07, 9:31 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: new evidence

I assume that your brother timely filed a motion in arrest of judgment and notice of appeal? If he intends to appeal based on newly discovered evidence that is evidence that could not have been discovered before trial. It's very difficult to get a new trial based on newly discovered evidence. The appellate defender is appointed to take indigent appeals.

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Answered on 4/02/07, 9:47 am

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