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KNOWLEDGEISPOWER_9112

Insufficient of counsel/Evidence of False testimony

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My son's court case involving his death had been dismissed. Is there a time limit that I have to file with the courts for Insufficient of counsel?

 

 I'm inclined to believe that the Expert Witness that was hired for this case had also overlooked or lacked crucial information, regarding his calculations, (which had been the relevant factor in the determination of non negligence of the defendants), is there a separate course of action that I would need to take in that regard or would that be included with the filing of insufficient of counsel?

 

Lastly, if I believe I have substantial evidence that the defendants had supplied False testimony, does substantial evidence generally permit a case to be re-opened. If yes, what would be my course of action? Would that be included in the filing of Insufficient of counsel?

 

If substantial evidence is generally not considered enough to have a case re-opened, would absolute proof of False testimony offer a chance of re-opening a case. I'm willing to persist in finding the absolute proof, if in fact, that would make a difference in having the case re-opened. My question here is, is there a time limit that I have to present Evidence of False testimony?   

 

I'm hoping someone can assist me with any of the above questions. Thank you for your time. 

 

 

 

 

 

 

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Hi @KNOWLEDGEISPOWER_9112

 

Thanks for your post. Was the case in question a wrongful death suit? Or was it a criminal murder trial? Ineffective assistance of counsel is typically raised by a criminal defendant who is convicted due to insufficient legal assistance. This defense may not be available in the sort of situation where a free attorney is not constitutionally guaranteed.

 

You may want to speak with an appellate attorney. You can use our Lawyer Directory to find one in New Jersey.

 

Best of luck,

The FindLaw.com Team

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There is no such thing as "filing insufficient of counsel".  The prosecutor has almost complete discretion to either file, not file, or dismiss charges. Victims or the family of victims cannot force the prosecutor to file or to continue to prosecute the defendants.  If you believe you have evidence that was not considered by the prosecutor, you may seek to have the prosecutor revirew the evidence.

 

If the case was dismissed after trial because the defendant(s) were found not guilty, then the case cannot be reopened regardless what evidence you may develop.  The defendants cannot be retried if they have been found not guillty.

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1 hour ago, KNOWLEDGEISPOWER_9112 said:

My son's court case involving his death had been dismissed. Is there a time limit that I have to file with the courts for Insufficient of counsel?

 

Not sure what you mean by this.  Are you talking about a lawsuit in which your son was the plaintiff that was filed before he died?  If so, what was the case about?  Or is this a wrongful death lawsuit, which obviously would have been filed by someone else after he died?  If so, who was the plaintiff?  In sum, your entire post would make more sense with some context and clarification.

 

In either case, why was the case dismissed?  If "Insufficient of counsel" means legal malpractice, yes, there is a statute of limitations.  Based on a very quick google search, it's six years.

 

 

1 hour ago, KNOWLEDGEISPOWER_9112 said:

 I'm inclined to believe that the Expert Witness that was hired for this case had also overlooked or lacked crucial information, regarding his calculations, (which had been the relevant factor in the determination of non negligence of the defendants)

 

This is a relatively meaningless statement without any context.  "Calculations" would very rarely be relevant to the liability phase of a negligence case.  Also, does this mean the case went to trial and the plaintiff lost?

 

 

1 hour ago, KNOWLEDGEISPOWER_9112 said:

is there a separate course of action that I would need to take in that regard or would that be included with the filing of insufficient of counsel?

 

I'm not aware of any state that recognizes a cause of action against an expert witness for "malpractice" or negligence.

 

 

1 hour ago, KNOWLEDGEISPOWER_9112 said:

If substantial evidence is generally not considered enough to have a case re-opened, would absolute proof of False testimony offer a chance of re-opening a case.

 

New facts that could not have been presented at the first trial/hearing with the exercise of reasonable diligence could be grounds to set aside a judgment, but such motions must generally be made relatively quickly after entry of judgment.

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