kirby law alabama
Posted 26 May 2012 - 07:29 AM
Posted 26 May 2012 - 09:13 AM
would i be filing the right motion
Unless you are an attorney, YOU can't file anything.
Posted 26 May 2012 - 10:45 AM
I beg to differ with you guess again. you r right about some things u say about the kirby matter but very wrong about alot also. For one anyone in alabama can file anything and any motion they want in any court including federal court. Since most inmates r indigent they have to file their own motions. As far as kirby only pertaining to lwop that's also incorrect. I personally know dozens of individuals who had life sentences for non violet crimes that have had the sentences vacated and reduced using the principles of the kirby law. While u r correct about the original intent of the stature u r very wrong about not being able to file unless u r an attorney and that u have to have lwop to use the stature. My wife is one of the people i know who used kirby to get her life sentence reduced to a 20/ split 5 and probation using the kirby stature.
Posted 26 May 2012 - 12:05 PM
Posted 26 May 2012 - 12:43 PM
For one anyone in alabama can file anything and any motion they want in
any court including federal court. Since most inmates r indigent they
have to file their own motions.
A person may always represent himself in court. But only a lawyer may represent someone else in court. If you are not a lawyer, you may not prepare or file any court motions for your brother. Doing that is the unauthorized practice law, which could result in legal problems for you.
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