Juvenile Records

What is the name of your state? N.C.
Isn't it a mandatory law that the courts have to supeana school,medical,& dental records as well as have a certified document of birth when a juvenile is in a courtroom to prove age if the minor has been violated?Also if a witness says a rape kit is performed isn't it mandatory the DNA results made available to the person convicted?

If you want to challenge the victim's assertion of their date of birth, your lawyer can subpoena any documents you want.

If the results of the rape kit are being used as evidence in the case, then your lawyer should be given the results, including any blood or DNA testing performed. Has your lawyer been refused access to these results in your criminal case?

Some Random Guy said:

If you want to challenge the victim's assertion of their date of birth, your lawyer can subpoena any documents you want.

If the results of the rape kit are being used as evidence in the case, then your lawyer should be given the results, including any blood or DNA testing performed. Has your lawyer been refused access to these results in your criminal case?

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A rape test was supposedly done and the DA questioned the victims Mother but the Public Defender didn't challenge it. Our case makes the Duke Lacross Case look pitiful. We don't have the finances to hire an Attorney. We also tried to get the Public Defender to subpoena all the records I mentioned but he wouldn't or should I say refused. We don't have nothing positive on anything. Just trying to find someone to help us. The Birth Certificate looks as bogus as can be,and it was neither challenged or used as a piece of evidence. It was just a scanned copy. It don't even have the County of Birth, nothing.My husband received a 49 1/2 yr.sentence without nothing to prove nothing. We feel this is all a farce and it wouldn't take much to prove it. They also put all the "minor's" personal information in plan view when I know for a fact this was to have been blotted out. A social worker friend has even asked if we were certain about the person being a minor,and unfortunatly we aren't. Nothing was ever proven. I have the facts and information just don't have the funds to do it with. A question to you, at 15 did you know the name of the road your school set on? Well she volunteered this information that she didn't. Now does this sound fishy?

Your husband can attempt to file an appeal based on ineffective counsel. But if your entire argument is that the victim MIGHT be older than claimed, then I wouldn't expect much.

Not knowing the name of a road is odd, but not that odd for a non-driver. Certainly not enough for an appeal.

So your husband raped a 15 year old and the best defense you can think of is to try to prove he raped someone a little older?

Some Random Guy said:

Your husband can attempt to file an appeal based on ineffective counsel. But if your entire argument is that the victim MIGHT be older than claimed, then I wouldn't expect much.

Not knowing the name of a road is odd, but not that odd for a non-driver. Certainly not enough for an appeal.

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We filed an appeal with the state and it was quickly denied. We also filed a grievence with the state bar for improper legal counsel as the Public Defender openly admitted he didn't open my husbands file til the eve of the trial and the transcripts shows improper counsel but yet the state bar said they didn't see it that way.

JustAPal00 said:

So your husband raped a 15 year old and the best defense you can think of is to try to prove he raped someone a little older?

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I don't know who you are and no my husband didn't rape a 15 yr.old. That is what we are trying to prove. If only you knew the whole story maybe you wouldn't be so quick to judge us. You need to know everything before you judge us. Like the fact there were over 30 missing pages from the evidence file and they did nothing to prove the person was a minor.My goodness they met in an adult atmosphere where a sign plainly stated no one under 18 allowed. They were playing bingo in a VFW and alcohol was being served but they smoothed that over. The reason there are more innocent people incarserated then guilty ones is because of people's smart remarks like yours. Judge Not Lest You Be Judge.

What proof did you provide that she wasn't a minor? That's what I thought.

A sign on a wall is not proof of somebody's age.

Man - dude's lucky he's YOUR spouse! I wouldn't give a flyin' freak if she was 15 or 50! I guess you don't mind sharing.