I too have a similar situation to a previous post; my younger brother ("Sam" for his safety) was arrested on May 31, 2002 around 4:30 pm for armed robbery and 1st degree murder in Baton Rouge, Louisiana (East Baton Rouge Parish). At the time he was seventeen, and the crime was committed with a multiple offender who was age 20 or 21 at the time. Because the weapon was never recovered, both were charged; the other young man turned states evidence against my brother so as to be able to accept a life sentence and avoid the death penalty. Under the advice of a Public Defender, Sam plead guilty with a plea bargain accepting a life sentence. Through some changes in the law, Sam's sentence was reduced to 99 years because he was a minor at the time of the crime. He is currently serving out his sentence as an inmate at the LSP in Angola, LA.
Their is a Post Conviction Relief Act which Sam mentioned that should allow his case to be reviewed in order to possibly reduce his sentence. Sam believes he was coerced by the P.D. in accepting the plea deal and that the case was rushed to closure without proper investigation and due diligence action on the part of the attorney. Sam readily admits that he did participate in the robbery, but that he did not kill the victim; Sam was a troubled child and was on Ridlin and other ADHD meds prior to but not at the time of the crime.
What process or procedure can he or our father follow (since Sam is incarcerated) to re-establish Sam's rights and reopen the case for review, reduction or dismissal of sentence for time served, and the possibility of record expunging after court assigned period of time on supervised/unsupervised parole?
Respectfully,
Their is a Post Conviction Relief Act which Sam mentioned that should allow his case to be reviewed in order to possibly reduce his sentence. Sam believes he was coerced by the P.D. in accepting the plea deal and that the case was rushed to closure without proper investigation and due diligence action on the part of the attorney. Sam readily admits that he did participate in the robbery, but that he did not kill the victim; Sam was a troubled child and was on Ridlin and other ADHD meds prior to but not at the time of the crime.
What process or procedure can he or our father follow (since Sam is incarcerated) to re-establish Sam's rights and reopen the case for review, reduction or dismissal of sentence for time served, and the possibility of record expunging after court assigned period of time on supervised/unsupervised parole?
Respectfully,
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