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About Matthew77istheway

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  1. Thank you, I think it is time to have another attorney review his transcript and client file. I am not an attorney but have worked for large insurance company for over 43 years. In reading, I found many questions and do not understand why those were not followed up on. I saw where there are notes that he did ask many times to his attorney in her file notes but things drop off there. Since I am not an attorney - It is time to bring one in. We don't have a lot of money as I had a stroke and can't work any longer but my mind still works. Thank you for your advice. The Facility he is in is undergoing many changes. There is a new warden and while 99 percent of the inmates hate this, we feel he is making changes to make things consistent, and rules clear and the same for everyone. No One likes changes but inmates who want to change and work on release the right way know that their behavior while incarcerated is imperative to getting help. Respect for authority is something we all have to deal with so a release does not mean an escape from that. We ALL have laws we must follow. My husband is not guilty of all the charges and I believe in him so time to move forward and find an attorney who will right for the truth to come out. I was only asking how you do that one you are time barred. You have given me some good advice and shown me we need to forget about some of the items that would not have changed the verdict anyway and concentrate on the things that would have that were not done.
  2. Guess I am confused, If there was testimony that his attorney failed to dispute if it was incorrect and testimony by the victim who was involved or his mother and son who were at the place where the crime occurred why is that in consequential or a conclusory accusation? I don't understand if there is testimony by the prosecution and the person who made a statement in the courtroom, does the defendant not have a right to dispute especially if that information would show guilt or innocence? A witness for the prosecution said that his mother made a statement she did not make, She said she did not say that and she was told to be quiet. His defense attorney ignored that and never allowed her to speak up. Also during the sentencing portion the jury came back and had a question about the instructions that they did not understand, They were told they had their instructions and to go back and figure it out for themselves. If there was information that the prosecution presented that the defense could have shown was incorrect did the defendant not have a right to dispute that? He sent his case to the Innocence Project as they requested but due to their case load it was returned with a letter telling him the reason. Then his Father said he would help him and get someone to look at it but he in fact did not ever do that and he would not send it back so he could get something done prior to his time limit. I ended up with the case but it was after the time limit had passed. . I lived in the same place as his father during this time and he just did not get it back to him. His father chose to ignore his requests and so my husband being in prison could only wait; His father was arrested and I ended up having a power of attorney to sell the home and moved to Kansas. I now have in my possession his entire case. After reading the portions I have and seeing the attorney's file we believe had she objected or addressed some of the facts that were incorrect and could have certainly made a difference in a guilty or innocent verdict or even in the sentencing phase as to the severity of the sentence, did she as his attorney not have a duty to do so regardless of her relationship with the Prosecuting attorney? Is that not a conflict of interests? I guess the you are innocent until proven guilty is a joke then. If the prosecution can present evidence that is false and the defendant wants to dispute that do they not have a right to defend themselves? and if the attorney ignores their requests to dispute the things which were not true. has the defendant had a fair trial?
  3. Six Years ago my husband was arrested and convicted of sex offenses against his daughter. He had a public defender. He lost the first appeal however we have new information that I found (we married last September) that was not introduced in court. For example I have his attorney's file. It was in a small town. The Prosecutor and District Attorney knew each other. There was an issue with the instructions to the jury. My husband asked his mother and son be either allowed to testify or be deposed and his attorney said it was not allowed. There was information that would show he could not have been in the same place one of the incidents occurred. There was no physical evidence of any kind. There were text messages taken out of context and not all of the conversation was introduced. There were things the jury heard that the judge did not allow but once they heard them the damage was done. There were things that proved the testimony was false but the judge would not allow them to be introduced. There was a detective that was investigating the case that found questionable evidence. The officer who interviewed the "victim" was actually not supposed to be working due to some inappropriate activity. Once the victim advised her mother of the activity there was no mention of her father for the first four days. Her story changed several times, Each time she was caught with false information the story took another turn. On the text messages one showed my husband (who was a truck driver) to be in a different time zone and not even in the area but this was not introduced into court. There were other individuals who had opportunity that were not questioned in court nor was any effort to identify some individuals who had been texting her The list could go on and on. He received a life sentence or 25 to life. What is the best way to get him back into court?
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