Re: Post-Conviction Relief/Changed Circumstances--Rhode Island?

> He claims that at one point he had actually asked the prosecution to drop
the charges against her.

Most DA could and will prosecute felony assault cases w/o cooperating
victim. Was his statement to police/DA/staff made on tape? Can you prove
that DA office improperly excluded it? But was there a trial?....

> Several months later, her public defender pleads it down to misdemeanor
assault.
There was no trial, she plead guilty to misdemeanor assault.

> 1.  Is this sufficient grounds for post-conviction relief?

You can always try....



"TPS" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> 1.  My friend is a 56 y.o. woman with emotional/cognitive disabilities
> [brain injury] and severe post-traumatic stress disorder as a result of
> years of physical/mental abuse.  About 1.5 yrs. ago she got into an
> altercation with a former [mentally ill] neighbor [who assaulted her]
> and was subsequently charged with felony assault.  Several months later,
> her public defender pleads it down to misdemeanor assault.  She gets 2
> yrs. probation.
> 2.  Several months later, her alleged victim contacts her and wishes to
> make peace with her.  He claims that at one point he had actually asked
> the prosecution to drop the charges against her.  However, this never
> came up in discovery/pre-trial proceedings.
>
> QUESTIONS
>
> 1.  Is this sufficient grounds for post-conviction relief?
> 2.  If so, what procedure should she follow for such relief?
>
> Thank you for responding.
>