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Can you have an evidentiary trial after you been convicted and sentenced but before your appeal?

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    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Yes this can happen in the context of a motion. For example a motion to set aside the conviction because the trial lawyer was incompetent.
    Answer Applies to: Michigan - Replied: 1/27/2014
    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    Not unless you file a petition for habeas corpus and the judge grants an evidentiary hearing, which is entirely discretionary.
    Answer Applies to: New York - Replied: 1/27/2014
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    How is an evidentiary trial different from a jury trial? A jury trial is an evidentiary trial. He has been convicted, so that is over.
    Answer Applies to: Georgia - Replied: 1/27/2014
    James Smith | Law Office of James E. Smith
    7251 Lake Mead Blvd., Suite 300
    Las Vegas, NV 89128
    (702) 460-3765
    No, unless you withdraw your plea.
    Answer Applies to: Nevada - Replied: 1/27/2014
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