Summary
To reverse a 2009 robbery conviction in North Carolina, consider appealing based on insufficient evidence, filing a motion for appropriate relief (MAR), or arguing ineffective counsel. Lack of DNA, fingerprints, or eyewitness testimony can support these actions. Additionally, address issues like missing affidavits for arrest warrants and improper joinder of charges. Explore federal jurisdiction if applicable. Consult a legal expert for guidance on filing motions to suppress evidence or transferring the case to federal court.Full Conversation
I am looking for ways that a * conviction and a 131 year sentence for robbery can be reversed. The case was tried in Guilford County Court in North Carolina and the defendant is Christopher Collins
Hi ****! To explore ways to reverse a conviction and sentence, consider the following options:
- Appeal: Check if all appellate options have been exhausted.
- Post-Conviction Relief: File a motion for appropriate relief (MAR) in NC courts.
- New Evidence: Present any new evidence that could exonerate Christopher Collins.
- Ineffective Counsel: Argue that the trial lawyer provided ineffective assistance.
Has there been any new evidence or issues with the trial that might support these actions?
There are several issues that have came to light such as the lack of sufficent evidence. There was no dna evidence, no finger prints, no witness that can testify thatthe seen Christopher collins enter or exit the banks
Hi ****,
Given the substantial lack of evidence, it seems there might be grounds for an appeal or filing a motion for appropriate relief (MAR). Here are a few steps you might consider:
- Appeal: If it hasn't already been done, an appeal can question the sufficiency of evidence.
- Motion for Appropriate Relief (MAR): This can be filed in North Carolina courts to challenge the conviction based on new evidence or legal errors.
- Ineffective Counsel: Argue the defense attorney did not effectively represent Christopher.
Would you like any guidance on how to file an MAR or any specific details about the appeal process?
There was no affidavit for an arrest warrant found in the court files, there was a motion for joinder of all the charges including a possession of firearm b felon, the case met all the criteria to be a federal jurisdiction case
****, it sounds like there are multiple potential issues to address. Given the lack of an affidavit for the arrest warrant and the joinder of charges, you might consider the following:
- Motion to Suppress Evidence: Challenge the evidence obtained without a proper warrant.
- Federal Jurisdiction: Explore whether the case should have been tried in federal court.
Would you like guidance on filing a motion to suppress or exploring federal jurisdiction?
yes
Hi ****,
You can take the following steps to address these issues:
- Motion to Suppress Evidence: File a motion in court to challenge the evidence obtained without the proper warrant.
- Federal Jurisdiction: Consult with a legal expert to explore the possibility of moving the case to federal court.
Would you like guidance on how to file a motion to suppress evidence?