Can a new criminal statute that contains a defense that the old one didn’t be used now for post conviction relief or appeal?

UPDATED: Jan 15, 2012

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Can a new criminal statute that contains a defense that the old one didn’t be used now for post conviction relief or appeal?

At the time of the first conviction, the state’s first degree murder statute had no self defense clause. However, the new law has several self defense subsections that allow for a self defense claim. Can I now, based on an Ex Post Facto Application, appeal my conviction 37 years later? I have been on parole for 20 years and will be until I die unless this new info will help me.

Asked on January 15, 2012 under Criminal Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

At common law there has always been the ability of an accused in a criminal matter involving a first degree murder charge to assert the defense of "self defense".

In your matter that is being written about, you can appeal your conviction of the felony that you are writing about. However, based upon my experience, the ground that you wish to appeal the conviction on most likely will not help you since the defense of "self defense" has been around for over two centuries in this country for criminal matters. I suggest that you consult further with a criminal defense appellate attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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