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NC bad sentence...where do i start?

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odkelly

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odkelly

Junior Member
the website

this is the website...my friend abandoned it after melissa was sentenced
<http://www.geocities.com/justice_morris/index.html>
 
odkelly said:
North carolina... here is an excerpt from my friends website : "On May 1, 2002 my older sister Melissa Clark Morris was taken in to the Craven County Correctional Facility in New Bern, NC. Around 9AM that morning Lisa Dawn Mckeown, a woman who my sister had a restraining order against, barged through the door of my sister’s home. Fearing for her life and the life of her one year old daughter who was present at the home also, my sister expedited her predicament in the only fashion she saw fit. Melissa used a firearm, shooting Ms. Mckeown in the back of the neck. The day prior to this event, Melissa was advised by a New Bern police officer to use a firearm if Ms. Mckeown was to take any action that could be considered a threat inside my sister’s home. Due to the fact that the bullet struck Ms. Mckeown in the rear side of her neck and that she was found lying in the front yard, the police had no choice but to view this as an attempt of murder by my sister. Witnesses along with my sister say that Ms. Mckeown was shot in the doorway but fell onto the steps outside. Nearby residents who rushed over for assistance moved her from the steps to the ground in order for her to lie flat on her back. Spots of blood were found in the doorway and a large puddle of blood was found on the second step. It makes it seem obvious that my sister’s actions were in self-defense"
nine months later the woman died from an infection. two years after the incident Melissa was found guilty of second degree murder and sentenced to 100-129 months (standard). her court appointed attorney was supposed to go for manslaughter/ self defense but was... well, didn't do a vey good job.
I would like to help my friend's sister. at least get her sentence reduced... i guess an appeal is in order, but i don't know where to begin and cash is in short supply. any advice would be appreciated.
How does Melissa explain the shot to the back of the neck?
 

justalayman

Senior Member
Was there any blood on the door itself? or door frame?

Where was the defendent when firing?


Problems I see

The deceased never "entered the home" in some states a required part of defense

the deceased held no weapon...how would the defendent explain "in fear of life" with no apparent means for the deceased to commit same. again, in some states a requirement for defense

shot into back of neck without explanation this itself shows the deceased was not in a position to assault and may actually show signs of retreat by the deceased.

If defendent was "in fear of her life" from deceased, why was the door opened for the deceased. or if the deceased entered without door being opened, if defendent had real fear why was door not locked?
 

Just Blue

Senior Member
john123456 said:
How does Melissa explain the shot to the back of the neck?

I was thinking the same thing! Seem like the vic was leaving when she was shot...which means that she was not an eminent danger to Melissa...
 

msiron

Member
baystategirl said:
I was thinking the same thing! Seem like the vic was leaving when she was shot...which means that she was not an eminent danger to Melissa...

fear + process info and the victim moving quickly while being shot at could account for it
 

odkelly

Junior Member
thanks Happy Trails

thanks to happy trails for clarification... i wonder why my google searches haven't turned this up?
so there's nothing to be done?
 

Happy Trails

Senior Member
odkelly said:
thanks to happy trails for clarification... i wonder why my google searches haven't turned this up?
so there's nothing to be done?
That depends on why she chose to plead guilty to murder in the 2nd degree. The evidence and witnesses, really are what built a case against Melissa.

If she entered the plea, because she was afraid of a harsher sentence, that may have had some relevence. (Not saying this would apply to Melissa's case.)

See: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=400&invol=25

In the above link, the defendent plead guilty although he disclaimed that he was guilty, but in his case there were no eyewitnesses to the actual murder.

However, the fact that Melissa turned around to the family and apologized for what she had done, sets this apart from the above case. She accepted a guilty plea and even showed remorse.
 

Stevenlockey

New member
North carolina...
Happy TRails in post #9 supplied a good link for the story...
http://www.newbernsunjournal.com/SiteProcessor.cfm?Template=/GlobalTemplates/Details.cfm&StoryID=16627&Section=Local
the question still is... can anything be done now...post facto?
I would like to help my friend's sister. at least get her sentence reduced... i guess an appeal is in order, but i don't know where to begin and cash is in short supply. any advice would be appreciated.
The woman she shot was my mother. Mrs Morris changed my life forever that day. My life has been affected in every aspect even until today when she is not here to see her grandchildren. Mrs morris is a monster and i hope she has the same fate.
 

quincy

Senior Member
The woman she shot was my mother. Mrs Morris changed my life forever that day. My life has been affected in every aspect even until today when she is not here to see her grandchildren. Mrs morris is a monster and i hope she has the same fate.
I am sorry to hear that.
 

not2cleverRed

Obvious Observer
The woman she shot was my mother. Mrs Morris changed my life forever that day. My life has been affected in every aspect even until today when she is not here to see her grandchildren. Mrs morris is a monster and i hope she has the same fate.
I am sorry for your loss.

The pain of tragic deaths can follow a family for decades, but is easy for those who were not directly hurt by the tragedy to write things, not understanding the pain it causes the surviving family.
 
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