Maxwell Anderson takes first steps toward appealing conviction
MILWAUKEE (CBS 58) -- The man convicted of killing 19-year-old Sade Robinson started his appeal process Tuesday, Aug. 5.
Maxwell Anderson was sentenced to life in prison without the possibility of parole just last week in a hearing during which he addressed the court, maintaining his innocence.
"I took this to trial without ever once trying to make a plea deal of any kind because I did not commit these crimes," Anderson said.
Anderson's defense attorney Anthony Cotton, moments after the guilty verdict came in, told CBS58's Montse Ricossa that they were planning on filing an appeal.
Attorney Justin Padway sat down with us to explain the appeals process and what's next for Anderson. He says there are four things an appellate attorney would look for as they seek post-conviction relief, otherwise known as an appeal. First, there is ineffective assistance of counsel. Did Anderson's lawyer, Cotton, mess up in any way? Second is prosecutorial misconduct in case the prosecution did something wrong, including hiding evidence. Third would be judicial error. Did the judge rule in a way that denied Anderson his constitutional rights? Ultimately, is there newly discovered evidence?
"I don't know if there's necessarily merit on any of the four. But I think really Maxwell Anderson in his statements, he wants other things to be investigated. So I think you'll see appellate counsel really looking towards, is there any newly discovered evidence that would point to a different individual being the person culpable of this crime?" explained Padway.
The appeals process could take years, according to Padway. He also said "it's very difficult to win an appeal."
Anderson was convicted back in June on three charges, including first-degree intentional homicide. A restitution hearing in his case is set for next month.
Anderson is also facing a wrongful death lawsuit filed by the family of Sade Robinson. That case is scheduled to resume Aug. 15.