Murder Appeal
A Texas appeals court has formally exonerated a man set free last week after he spent nearly 25 years in prison for his wife’s 1986 killing. He was exonerated because DNA tests indicate another man committed the murder. DNA was found this summer during testing on a bloody blue bandanna recovered near the crime scene soon after the killing matched that of a man who authorities say has a criminal record in several states. Morton’s appeal lawyers have accused John Bradley, the local district attorney, of suppressing evidence that would have helped clear Morton. That evidence included a transcript of a police interview indicating that Morton's son said the attacker was not his father. They argue that the district attorney's office withheld a transcript of a conversation between Rita Kirkpatrick, Christine Morton's mother, and a sheriff's investigator in which she told the officer that Morton's 3-year-old son saw a "monster" who was not his father attack and kill his mother.
Morton's appeal attorney also alleged that prosecutors and investigators repeatedly hid non-DNA evidence from Morton’s original defense attorney, including evidence that one of his wife's credit cards was used and one of her checks cashed days after her slaying.
Morton remains on parole and won’t be allowed to leave Texas until the appeals court’s ruling takes effect in 30 days. Morton is very excited to be out of prison, but he also has questions as to why he was wrongfully convicted in the first place. Morton was exonerated due to this new DNA evidence revealed in the case. Morton's appellate lawyers allege that there was much more evidence besides the DNA that could have exonerated Morton from the outset.
If you are found guilty after a trial, you have the right to appeal both your conviction and your sentence. In both state or federal courts there are time limits for filing a "notice to appeal" a conviction or sentence. In state courts, the time limits are usually different in each state. If you pled guilty, you may not be able to appeal your conviction. But you can appeal your sentence if the sentence is illegal or if it was higher than you and the prosecutor agreed to in a plea bargain, and the court agreed to the terms of the bargain before sentencing you. For a sentence to be illegal (which is rare), it has to be higher than that allowed by law.
Winning on an appeal doesn't necessarily mean that your conviction will be thrown out or that you will get out of jail. Although that can happen, typically what will happen is your case will be sent back ("remanded") to the judge or court where you were convicted and/or sentenced. After that, you may:
◦Be given a new trial on the criminal charges, or the chance to negotiate a plea with the prosecution
◦Have a new sentencing hearing, where, usually, the judge or court will fix the sentence so that it's no longer illegal or follows the terms of your plea agreement. In many cases, the court on appeal will give specific instructions to judge about how to fix the sentence
If you or someone you know would like to start the appeals process, call one of the experienced Myrtle Beach appeal lawyers at The Mace Firm for a free consultation.
If you or someone you know has been convicted of a crime and would like to appeal, please call one of our South Carolina appeal lawyers to represent you. Our good federal criminal appeal lawyers have handled federal appeals for years.
