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Questions about getting a Retrial

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K

kaveo

Guest
What is the name of your state? California
My friend was tried of murder along with 4 others. They broke into a house and a woman was shot and killed. there was one gun. During the original trial he admitted to being there but he insists he was not the one that pulled the trigger. He and 3 others were convicted and one was acquitted. My friend has had an appeal going for a while. The guy that got acquitted just gave a deposition stating that my friend didnt do it. Would he be eligible for a retrial or anything based on this new evidence? Is there any avenue he can pursue to get out because of the deposition? he has been in 11 years now. His lawyer sucks. Please help me out if you have any info.....
 


JETX

Senior Member
"Would he be eligible for a retrial or anything based on this new evidence?"
*** No.

"Is there any avenue he can pursue to get out because of the deposition?"
*** No.

Under California law, since he was there in the commision of the crime, he is just as liable as if he had personally carried the gun and pulled the trigger.
 
M

mobopp

Guest
They broke into a house......

That is the problem, if your friend stayed outside, maybe he would have been charged with a lesser crime...and have been long out of jail.

but he stepped OVER THE LINE, by entering the house.
 

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