Stopping perpetrator's post conviction and resentencing attempts?
My perpetrator who attempted to murder me was found guilty of fist and second degree attempted murder. The state of MD has thus far allowed him a resentencing trial and a post conviction trial. He continues to take every opportunity to declare an error in the trial to either have a retrial or reduce his sentence.
As the victim, his attempts continue to burden me and terrify me. The crime and trial were difficult enough, but the laws give the criminal too many opportunities to try to change the conviction. I have been tortured during every attempt he makes to try to get away with his attempt to murder me by playing the legal system.
No victim deserves to be tortured years after the crime. Can I sue the state and the laws that allow such a criminal so many opportunities to get out of prison or throw out the guilty conviction? Is there anything I can do to bring light to this issue, or try to get the laws changed? Thank you for any information you can give.
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ANSWER for "Stopping perpetrator's post conviction and resentencing attempts?":
You can sue the government, but your case will be dismissed rather quickly. The government and its agencies are immune from civil lawsuits under the doctrine of Sovereign Immunity. Generally, sovereign or "governmental" immunity means government agencies are immune from lawsuits or other legal actions unless the government agency consents to be sued.
Historically, this was an absolute doctrine which held federal, state, and local governments immune from liability for negligent actions or omissions arising from their activities. However, today the application of sovereign immunity is much less clear-cut, as different government agencies have begun to waive liability under varying circumstances.
In many cases, government agencies will waive immunity when the actions of the agency or the agency’s employees are clearly negligent, or purposely, willfully, or wantonly negligent.
From the facts you present, the district, county, or federal attorney, or the police agencies who participated in the investigation and arrest of your perpetrator, didn't display any form of negligence.
The circumstances you describe are a reflection of the appellate rights afforded individuals accused of crimes. Appellate hearings bring to light inappropriate actions of law enforcement, actions or omissions of defense counsel and more. Without access to the appellate system, a good number of innocent people would be unlawfully incarcerated.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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