View Full Version : Need help for supreme court appeal


johnnysprincess
03-16-2005, 10:27 AM
Hi, we just found out that my hunny lost the appeal in appeals court for his conviction of CSC 3 and attempt CSC 3 with intent to commit sexual penetration. The trial court judge let in the girls grandmothers statement of the girl (who is over 18) having mental disablities WITHOUT any documentation, just the grandmothers word. The appeals court said "We note that the testimony of the complaintant, who suffered from a mental deficit, was confused at trial. She alternanatively sid that there was and was not penile penetration." They said that she confused penetration of the labia and vagina. and then on the CSC 3 with intent, there was a witness saying that the girl took of her own clothes (she said that she was held down and they were removed) but the appeals said that her testimony did not need to be corroborated. We need help. This girl was at a party at 2 am and it was at her uncles house. What can be done now to maybe help with an appeal to the supreme court?! Any advice would be appreciated. Also if anyone knows of an attorney that would take a case like this in Michigan either pro bono or with a sliding fee, please let me know, thank you!

Nemesis
03-16-2005, 04:24 PM
From the pro bono list all we have at the moment is
MICHIGAN LEGAL SERVICES
220 Bagley Avenue, Suite 900
Detroit
Michigan 48226
Tel: 313 - 964 - 4130
I will look into it more and see if I can find any others.
What did the appeal court say as their decision to affirm the conviction? A direct appeal usually is only about the technicalities of the trial, not actual evidence. Is there the possibility of filing for ineffective assistance of counsel? These cases are very hard to defend. You may want to also check out the LASO forum for more resources.