where can I go next after court of appeals?

[andrea jones]

my brother was arrested, tried, and convicted -see Indictment #8688/91 for the crime (a robbery of a bar)
HE DID NOT COMMIT. He was sentenced to 9&1/2 to 19 years for each 1st degree robbery count and 7&1/2 to 15 years for each 2nd degree robbery count to run concurrently. At trial, no physical evidence was presented to link my brother to this alleged armed robbery; his past offenses (chain snatching & petit looting was mentioned at trial and with this information, he was convicted; atleast 4 perps were allegedly involved, but my brother was picked from a (old photo) line-up. The Appellate Division decision affirmed the conviction, then the court of appeals declined to hear the case. Is there anything left to do to correct this wrong against my brother.

 

[ALawyer]

If a Federal Constitutonal issue was raised, to the US Supreme Court.

Based on the names of the courts you use I assume you are in NY, where the Supreme Court is the trial court, the Appellate Division the first appeals court, and the Court of Appeals the highest court.

There are also other remedies IF YOU HAVE CONVINCING PROOF OF HIS INNOCENCE that was not available at the time of trial. And there is always a possibilty of a pardon or communtation by the Governor if there is strong evidence.

 

[wikygirl]

When your brother was sentenced, I am imaginging he had a public defender. The Miranda rights are mis leading, it says they will provide you with an attourney, it does not mean they will actually fight for you. Also, most likely your brother had a pre sentencing invesigation done. If he did nto ask for a copy, which he is entitled to, that could have been the problem with the appellate court upholding the conviction. They are not meant to be flattering, and basically they are filled with half truths and lies. My fiance and I are battling that now. he was up for parole, and it was denied. they based thier opinion on a psi that was 95 percent lies. Instead of talking with people who are in contact with him, they called his dad and his brother with whom he has not spoken to in 7 years. they said horrible things about him. I complained, but i am finding that these people are not held accountable for what they do. I wish you luck, you have to make sure that report is corrected. Try not to lose it when you read it.
bright blessings to you