Conviction Overtuned:  Even Before an Appeal

An Upstate New York man went to trial on a case with a local attorney and was convicted on numerous counts. Mr. Barket was hired to handle the man's sentence and subsequent appeal.

Barket evaluated the case and decided that he should first seek a dismissal based upon irregularities with the verdict sheet in terms of inconsistent findings by the jury. The prior attorney, who lost the trial, objected the strategy, claiming that it was domed to fail.

Barket forged ahead, preparing legal papers and getting ready for the sentencing. At oral argument, the judge evaluated the legal issues presented by Mr. Barket and completely dismissed the case, vacating the convictions and setting the man free.