Just because a guilty verdict has been reached, it does not always mean that criminal proceedings have ended. Sometimes, an appeal is warranted. Ultimately, that could change the outcome of a trial that has already taken place. It was recently reported that a North Carolina man who was granted a retrial of his murder charges will face his accusers in a different jurisdiction than his original trial.
The man was previously convicted of murder. He says he was buying drugs when two men wearing masks appeared. According to the man, the two intruders shot and killed the man selling the drugs. The man was accused of murder, and a woman also suffered gunshot wounds in the attack.
The murder conviction was secured about two years ago. He was given a life sentence without the possibility of parole. He has continued to proclaim his innocence throughout the legal proceedings.
The new trial will take place in a different county than the county in which the initial trial took place. The man's defense team argued that the man could not receive a fair trial in the original location. They said the large amount of publicity the event attracted made impartiality impossible. The trial is tentatively scheduled to begin this spring.
Although several people doubted his explanation of what happened during the robbery and subsequent murder, the man is entitled to a fair hearing in a North Carolina courtroom. According to the appeals court's ruling, that did not happen in the initial trial. Prosecutors will now have the burden to prove the man's guilt by the same high standard of proof required of all criminal proceedings. Regardless of the prior conviction, if the prosecution is not able to meet or exceed that measure of proof, no conviction can be obtained.
Source: wwaytv3.com, Wilmington murder retrial moved to Onslow County, Alyssa Rosenberg, Jan. 21, 2014