Right to appeal or habias corpus felonious assault with serious bodily injury
Posted 04 December 2012 - 10:22 AM
District Attorney amended Grand Jury indictment to fit evolution of story. Single alleged witness was daughter who subsequently threatened victim witha firearm, arrested and charged with felony assault deadly weapon, family violence. No statement to police made by witness prior to trial.
Probable ineffective assistance of counsel. After finding of guilt, in front of witnesses, defense council coerced defendant to make a post finding of guilt plea for probation and as a condition waive right to appeal. Unknown to defendant at the time, council waived per-sentencing investigation. Defendant had no prior history. Defendant was subsequently examined by forensic doctor and had a questionable ability to understand the process( continuos profession of innocence, PTSD due to vexation litigation, over a dozen false complaints, victim violated civil court TRO contacting defendants employer, false claims of sexual assault of adult step daughter, investigated and detective found no evidence and reason to question motivation of complaint as noted in police report and pattern of false allegations of violation of protective order , one true violation- defendant under influence of prescription drug administered by jailer, returned to home after initial arrest, got in car and was leaving when arrested for PO violation-defendant was wearing GPS device after arrest, alibi - in court before magistrate at same time. Charged dropped as a result of plea)
Plea bargain offered was contingent upon Compact Acceptance, which was initially refused and granted one year later - part of plea agreement was for defendant to return to family home in another state.
Next business day after agreement defendant retained appeals attorney.
Appellant attorney contacted court and was show waiver of right to appeal. New appellant attorney retained and discovered an error in the courts records. One area certified defendant as having the right to appeal and another, from the D.A. Show appeal right waived.
No habias corpus can be filed pending appeal and no appeal because of waiver. Appeals attorney has requested court to correct record one way or the other. Conviction over one year ago. Request for appeal occurred within days of conviction. Denied. At what point is the due process of law guarantee violated?
Evidence in the hands of the civil divorce court show constructive perjury on the part of the victim. The civil case was heard post criminal. The divorce award is in appealant court. The defendant has been deprived of most all person property and all communal property.
Current appeals attorney has been delayed action on the part of the court for over one year. Compact appeal took one year to allow defendant what was bargained for in plea agreement. Trial lawyer told defendant he was not eligible for appeal, he did not do appeals and he could not win an appeal.
Defendant was told many different versions of agreement to the point the court had to recess several times to work out ambiguities told to defendant by his counsel.
Defendant is now indigent, homeless, unemployed, unemployable and paid out all of retirement savings to defense.
At what point is the due process of law guarantees violated?
Posted 04 December 2012 - 04:48 PM
Posted 04 December 2012 - 05:12 PM
In Texas anything can and has happened.
This is only half the story. The divorce trial was such a comedy of errors it is almost impossible to relate. It was built that way. The plaintiff, her first attorney and the attorneys assistant went into full combat mode and the court refused to enforce its own orders. The assoc. judge in hearing was presented with violations by plaintiff of her own orders and did not bat an eye. The assoc judge issued a ruling in spite of airtight alibi that the defendant did not violate PO - in the company of an officer of the court (his attorney) appearing in a magistrate court 15 miles away at exactly the same time and a time stamped notice of representation by the clerk for the attorney representing defendant resulting in a finding and an order for GPS monitor at the cost of $10,000.00.
The district judge refused a contempt motion which was clear and perfect. This caused the THIRD divorce attorney to forego pressing over a dozen contempt motions - no one wanted to offend the court.
Posted 04 December 2012 - 07:41 PM
Posted 04 December 2012 - 08:00 PM
If agreement stands then a writ would be in order. Court will not accept writ because record exists showing appeal available.
The sentencing agreement was not kept originally and defendant was held in Texas until indegent. That was one year. The fact of the matter is if the attorney had done any work other than show up the involuntary intoxication and possible temporary incapacity would be presented at trial and sentencing hearing. The defendant recanted plea immediately. Defense attorney badgered defendant in the presence of two witnesses and did not participate in discussion. This happened in the space of a few minutes. Agreement was not conveyed to defendant properly. And just to make matters more complicated the act was made up by victim to extract maximum benefit from divorce in civil court.
The defendant in all actuality did not assault the victim, the victim assaulted the defendant and fell.
Posted 04 December 2012 - 08:21 PM
The defendant's outcome is to attempt to show ineffective assistance and if but not for ineffective assistance the trial would have different verdict.
The crime the defendant committed was in the selection of wife and the selection of counsel.
Posted 04 December 2012 - 11:52 PM
Posted 06 December 2012 - 05:38 AM
Posted 06 December 2012 - 08:00 AM
Posted 21 December 2012 - 11:08 AM
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