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ALL FILINGS ARE PUBLISHED FOR PUBLIC REVIEW links to all legal filing are posted under each section

Andy McCauley is in litigations on several levels challenging the wrongful murder conviction which he is currently imprisoned under in West Virginia.

Mr. McCauley currently has a direct appeal pending before the West Virginia Supreme Court of Appeals asserting numerous assignments of errors which are viable for relief, The Appellate Brief now awaiting the Supreme Court's decision is available for review at the link below and every filing by Andy McCauley is being publicly disclosed for absolute transparency in the fight for freedom which is now underway.

Andy McCauley recently made several legal filings which are expected to produce much needed results in ascertaining evidence that proves his actual innocence of the murder for which he was wrongfully convicted.

Andy filed a Motion for the appointment of Counsel to conduct additional DNA testing under West Virginia CODE 15-2B-14 with the required verification of his not being the perpetrator of the murder and that additional DNA testing is necessary in establishing his actual innocence, This filing will secure the additional DNA testing that was neglected by trial counsel which will have a serious impact on the States case.

Another recent filing by Mr. McCauley is for the production of the grand jury minutes (Transcripts of the proceedings), The filing was pursuant to West Virginia's Rule 26.2(f)(3) of the Rules of Criminal Procedure that mandates the production of ALL statements, However taken or recorded or transcribed thereof made by any witness to a grand jury.

These grand jury minutes are necessary to identify any false fabricated evidence or perjured testimony involving material matters which may have improperly influenced the grand juror's decision to indict.

Mr. McCauley also filed a Motion for the production of his entire criminal case file pursuant to the laws set forth in Call v. McKenzie which provides that every indigent criminal defendant shall always be entitled, upon request to a free transcript of his entire case and ANY OTHER matter of record.

Andy also filed a Motion for the production of his Court Appointed Defense Attorney's billing sheets for the hourly work product he performed in Andy's criminal proceedings, This filing was served upon the Hampshire County Circuit Court's Clerk pursuant to W.VA. CODE 51-4-2 which provided that the records and papers of every Court shall be open for inspection of any person and the clerk shall when required furnish copies thereof.

The billing sheets are required to identify if, or if not, Defense Counsel performed a reasonable investigation into facts and law relevant to Andy's case.

West Virginia Courts have little to no problem reversing a conviction when applying the 'Strickland' Standards when no, or an inadequate investigation was performed by defense Counsel, Under the Strickland's standards Counsel MUST at a minimum conduct a reasonable investigation into facts and law relevant to e criminal defendant's case to best determine how to represent the case.

The billing sheets now being sought by Mr. McCauley are necessary to see exactly what, if any, investigations were performed and billed for by the Courts appointed defense lawyer, West Virginia Public Defender Panel Lawyers are required to bill in tenth of an hour increments identifying the work product by code, EXAMPLE:

.01 is the equivalent of 6 minutes, .05 equals 30 minutes of work product, When reviewing the billing sheets submitted by any Public Defender Panel Lawyer to see exactly what amount of time was spent performing the mandated investigations one needs to look for the billing CODE (I).

Mr. McCauley is anxious to receive the billing sheets, criminal case file, Grand Jury Minutes and the ORDER of the Morgan County Circuit Court regarding the Appointment of Counsel to conduct additional DNA testing.

Andy McCauley's fight for Justice is now underway and he has gained the support of many wrongful conviction advocates from across the Country, As Andy's case unfolds the decisions, orders and other matters will be released for full public disclosure and 100% transparency

Take a moment to follow the link below and review the Appellate Brief pending before the West Virginia Supreme Court and the other filings which are posted for full public disclosure, This incredible journey is worthy of following and support.


Will be posted this evening

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Listen to Voiceless Behind Bars True Crime Podcast on IHeartRadio Hosted by Sarah DeArmond (you may also find Voiceless Behind Bars interviews on our podcast tab on this website

Listen to his Andy McCauleys case update on The link below with Sarah Dearmond and Melissa Ann


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