How to Overturn a Conviction Where the Victim Lied

[rpercher]

My question involves criminal law for the state of: Michigan

My uncle was charged, convicted and has spent 3 years in jail for an accusation of sexual assault by my cousin, his daughter. Anyone that has spent any time with him knows that no abuse or sexual assault ever occurred. In addition, my cousin has since stated that she fabricated the entire situation. I am wondering what the options are for a case like this. Appeal? Retrial? Mistrial? Suing for wrongful conviction?

Additional details: The case was tried before a judge who is related to my cousin's stepfather, and the defense lawyer in the trial didn't cross examine her at all. Does this constitute grounds for overturning the conviction? What evidence would need to be presented or filed?

[QSDConsulting]

Once proven guilty you either need to be proven innocent or prove that significant misconduct occurred (lawyer incompetence, ect). Saying that a victim lied and having a number of people attest to his personality has no chance.

You have the right to an appeal should you want one, but you cant question the evidence like that. You can only say that the evidence was wrongfully introduced. The appellate court can overturn the conviction and have him retried, but you just don't get two trials because you didn't find the first one favorable. Suing for wrongful conviction... Do a Google search on those...

As for the witness stating she fabricated the story, that could get tricky but maybe worth making a try on. I dont know what your options are there but I doubt it will do much good unless she will state under oath that she lied.