Cain (gallardoshoes) wrote in little_details,

Two law questions - medical malpractice, overturning wrongful murder conviction

Hello! I'm writing a fic and would really like to get some details right. I'm hoping you guys can help, please! :)

1. Character lives in Chicago, was convicted of murder and sentenced, kinda implied to have lost the appeal as well. During his imprisonment, conclusive evidence comes to light that someone else committed the crime. What's the procedure he must follow to get his conviction overturned? Details such as which lawyer files what kind of document to which court, and such, would be much appreciated.

2. Say a pharmaceutical company paid a doctor to falsify the results of clinical trials, so a harmful drug could go to market. This was discovered by law enforcement in time to prevent the launch of the drug. What action can be brought against the company? Again, who files what document to which court? Suppose an official in said company was also responsible for arranging a murder to cover up evidence, how would that factor in at the trial?

Search terms used: for 1, remedies for wrongful convictions, new evidence after losing appeal, a bunch of variations on these terms; for 2, I did some reading about general medical malpractice suits but it's usually a patient filing so I'm not sure where to go next with this one. Pls 2 help? 😅

Thank you wonderful people in advance <3

Tags: usa: illinois, ~law (misc), ~medicine: drugs

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