Appeals Court Overturns Rape Verdict, Frees Man After 12 Years in Prison
Posted on November 19, 2008
Filed Under Appeals, Assault, Criminal Law, Felonies, News, rape |
As we have previously discussed (see our Nov. 3 and Nov. 5 posts), the appellate process exists to correct judicial errors and ensure that criminal defendants receive justice. An excellent example of how an appeal can right a wrong is the recent case reported in the Dallas Morning News.
In 1996, when he was a 17-year-old high school student, Antone Lynelle Johnson was convicted of sexually assaulting a 13-year-old girl while on probation for a previous assault. He received a life sentence for what prosecutors painted during his trial as two brutal rapes. Now 31, Lynelle was recently freed when it was discovered that prosecutors withheld evidence that might have cleared him 12 years ago.
Evidence withheld by prosecutors during Johnson’s 1996 trial would have raised doubts about his guilt, Johnson’s criminal appeals attorney told the Texas Court of Appeals. One girl told prosecutors that Johnson didn’t rape her. The other girl offered conflicting statements about her involvement with Johnson. Johnson and his appeals attorney only learned of the girls’ comments this year. Some crime watchers suspect that anti-Black sentiment in Texas and community uproar over what prosecutors billed as a double rape contributed to prosecutorial misconduct during Johnson’s original trial. For Johnson, the diligent efforts of his criminal appeals lawyer finally resulted in his freedom this week.
Criminal appeals are an exacting and highly specialized area of criminal law, quite different from criminal trail law. Criminal appeals require extensive research and involve complicated written and oral arguments. Appellate procedures are very different from trial procedures. No witnesses are called, no evidence is entered, no jury is involved. Only written briefs and oral arguments are used to present the appeal and sway the opinion of the court. Appeals are based solely on the written record of the original trial and hinge on specific points of law. Because of the specialized expertise involved in crafting and presenting an appeal, appeals are heard by specially trained and experienced criminal appeals attorneys. Appeals are heard and decided by a special Court of Appeals consisting of a panel of appellate judges. The appellate process can take more than a year.
With more than 30 years of experience handling criminal appeals, Kenneth H. Lewis, a respected California appeal lawyer, handles criminal appeals cases for the law offices of Stephen G. Rodriquez & Associates. Don’t let your right to a criminal appeal slip away. Contact Kenneth Lewis at the law offices of Stephen G. Rodriguez & Associates now for a free evaluation.
-LegalPro
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