Appeals Attorneys
One year ago, Amanda Knox and her boyfriend were convicted of sexual assault and murder of Knox’s roomate, Meredith Kercher. The prosecution relied heavily on DNA evidence and alleged the knife found at the scene was the murder weapon and had traces of both Knox’s and the victim’s DNA. Knox was sentenced by the lower court in Italy to 26 years in prison.
Both Knox and her boyfriend, a co-defendant in the case, appealed the validity of the DNA evidence. The Italian appellate court decided to allow an independent review of the DNA results presented at trial, which the defense argued was inconclusive. The court is also allowing new witnesses to support the defense’s argument that the two defendants were not at the scene when the crime was committed. The next step in Knox’s defense will depend on the results of the upcoming DNA testing which will likely take several months.
DNA evidence has continually served as an aid in criminal justice system’s around the world in capturing and convicting criminals. However, there are certain techniques used in the collection and testing of DNA evidence and if this process is altered, the results could be inconclusive or completely wrong. Investigators have to be especially careful when collecting such evidence in order to make sure that innocent persons are not falsely accused. Usually, the defense counsel will request the judge to grant an independent review of the DNA evidence to ensure that the prosecution’s results are accurate. The judge denied Knox’s request to review the DNA evidence during her trial, which made it an arguable appellate issue.
It is vital that a defendant’s trial attorney argue every probable issue so that if it is denied in the lower court, it can still be presented to the appellate court. The appellate court will usually not review issues that were not argued at the trial level. Further, if you do wish to appeal your case, then it is important to hire an experienced appellate lawyer. An appellate lawyer will be responsible for drafting a brief to the appellate court that presents any relevant issues that they believe were not properly addressed or ruled on in the lower court. However, the appellate court normally imposes a strict time limitation, so contact an attorney immediately to ensure you do not waive your right to file an appeal.
If you or a family member need to file an appeal, contact one of our appellate attorneys for a free consultation.