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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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how do i find 1st degree assault cases in Connecticut that

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how do i find 1st degree assault cases in Connecticut that have had a writ of habeas corpus applied for and the result is favorable for the inmate? (all due to ineffective counsel) Every single one I have found is only: denied.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thank you for using JustAnswer.com

 

In order for me to be able to better assist you, please provide the following information:

 

Why is your friend in prison now?

 

Is he almost ready to be released?

 

Who filed the writ of habeus corpus?

 

Who is the victim in the assault 1st degree?

 

What does the unlawful detention refer to?

 

Thank you.

Customer: replied 5 years ago.
1) for 1st degree assault-7 years
2) no, he has 6 more years to go
3)he filed the writ-his hearing is in 45 days
4)a guy that he saw in a parking lot with his ex-girlfriend in her car, she had complained about being date raped previously, so my friend pulled him out of the car and beat him up
5)unlawful detention would refer to him-he is saying the lawyer was unfit, that they didn't canvass for enough evidence, he was never given the medical records, his lawyer told him and his family that he was terrified to take it to trial, that it was really a street fight....he has all sorts of reasons. My main concern is simply in finding just ONE writ that the unlawful detention was honored and that a lawyer was found to be incompetent.

Everything I have found has been, "writ-denied" or "previous judgment affirmed". I would like to read one where they found in favor of the inmate so that I have some documentation to give to my friend: an example of what TO do as opposed to what NOT to do. Does that make sense?

In a nutshell, it looks like even though inmates are granted a hearing after filing the writ, everyone always goes back to jail regardless. Does it EVER work?

Thank you.

Natasha
Expert:  xavierjd replied 5 years ago.

 

First, all that a writ does is request that a person be brought before a court. The burden then lies on the person requesting the writ to persuade the court to do what s/he is requesting.

 

The fact that your friend has a hearing is a good thing. Even if a writ is granted, everyone goes back to jail/prison after the hearing---even if it is just to be processed to be released.

 

I would like some more information, please.

 

Did your friend plead guilty or was he found guilty by a jury? Or, did he waive his right to a jury and ask to have the case heard before a judge?

 

Was there ever an appeal of the final outcome of the case?

 

Did your friend ever tell the court that he was unsatisfied with the attorney? If it was a public defender, did he ever ask that the lawyer be removed from the case?

 

Thanks.

Customer: replied 5 years ago.
Thank you for all your canvassing.


Did your friend plead guilty or was he found guilty by a jury? Or, did he waive his right to a jury and ask to have the case heard before a judge?

He was nolo contendere-plea bargain for 7 yrs vs. going to trial for attempted murder.



Was there ever an appeal of the final outcome of the case?

no appeal but he did try to withdraw the plea-to no avail. Lots of reasons why he thought it might hold water.



Did your friend ever tell the court that he was unsatisfied with the attorney? If it was a public defender, did he ever ask that the lawyer be removed from the case?

It was not a public defender. In his plea withdrawal, he did say that he was dissatisfied with his attorney. Again, one of his feelings is, that his attorney told him at the lunch recess when he was debating whether or not to take the plea or go to trial, that he was "terrified". My friend's family witnessed this remark. So it wasn't, " I recommend you take the plea" or "In my professional opinion..." It was emotionally driven and led my friend to pick the plea rather than speaking his truth.

Expert:  xavierjd replied 5 years ago.

So, your friend hired an attorney. At any time, he could have fired the attorney and sought the services of another one. Although, if the matter was at the trial stage, the court may not allowed him to withdraw from the case.

 

Whenever an attorney gives his/her recommendation, or "professional" opinion, it is only that. It is up to the client to decide whether or not to take the plea. Maybe the plea offer was good and in your friend's best interests, or maybe it wasn't. It was up to your friend to decide. It is not uncommon for prosecutors to offer a "last minute" plea bargain. Unfortunately, sometimes, it doesn't give a person a whole lot of time to decide whether to enter the plea or not.

 

Your friend's attorney should have been advising him all along the way about possible plea offers and their consequences....and his absolute right to go to trial. Nothing should have been such a suprise that your friend felt should have felt terrified.

 

If your friend did plea guilty, the judge would have gone over all of your friend's constitutional rights, including his right to a trial. The judge would have asked him if the plea was "freely, knowingly and voluntarily" made. Also, the judge would have asked your friend if anything was promised, or he was threatened or coerced into taking the plea. And, your friend had to place facts on the record that would support the plea that he entered into. If at any time, the judge was uncomfortable with the answers, or your friend would have spoken up, the plea would not have been accepted, and your friend would have gone to trial on the original charge(s).

 

However, if all of the questions asked by the judge and answered by your friend that I outlined above were satisfactory, it may be harder to prove ineffective assistance of counsel. In order to be able to withdraw the plea, your friend may have to claim that he was "coerced" by the attorney to take the plea, and was afraid not to tell the judge because if he did, the judge might hold it against him. Again, there are no guarantees.

 

It is sometimes hard to withdraw a plea once all of the above factors have been placed on the record. However, if your friend is claiming "ineffective assistance" of counsel, and it is shown that the attorney did provide "ineffective service", your friend has a shot at being able to withdraw his plea and go to trial.

 

I understand that your friend pled "not contest." This meant that he didn't admit nor did he deny the facts set forth in the police report or other agreed upon facts, but that for purpose of sentencing the "no contest" was like a guilty plea. The prosecutor and defense attorney would have had to either allow the judge to review the police report or other documentation so that the judge could accept the accept the no contest plea. Also, there may have been "just enough facts" placed on the record to allow the judge to be satisfied that all of the elements of the crime occured and that your friend did the crime. Either way, the judge had to have enough information before him/her so as to legally accept the plea.

 

" No Contest" pleas are usually entered because the defendant had no recollection of the events due to drugs, alcohol or some type of medical issue OR because the defendant is concerned with civil liability as a result of his plea. For example, if a no contest plea was put on the record and your friend was sued civilly as a result of the incident, the plaintiff (victim) would have to prove that your friend was responsible for damages. The facts put on the record because of a guilty plea could not be used to support the plaintiff's claims.

 

If your friend pled "no contest" because his attorney said, "you don't have to say anything on the record about what happened", that would be wrong. Remember, however, the judge would go over the consequences of a "no contest" plea before allowing it to be accepted by the court. If your friend agreed and understood the consequences, again it would be hard to withdraw the plea.

 

Believe it or not, there have been cases where the attorney has been deemed to have provided "ineffective" assistance. It can be hard to prove, as the attorney will claim that everything he did, he did as a "strategy" to help your friend, and that is shown by the reduced plea or dismissal of some of the charges, or some type of sentence agreement. This is NOT an exhaustive list.

 

Given the long reaching effects of this matter, and the fact that your friend's liberty has been taken away, he really should contact an attorney who specializes in criminal appeals so that he can discuss the specific facts of his situation with him/her. If he is having a hard time doing so from in prison, you could also assist. You/he can contact the state bar association for a referral. The more advice, the better.

 

I wish you and your friend the best of luck.

 

 

 

 

 

Customer: replied 5 years ago.
i will accept this and all of your information, as it is useful. Thank you very much. However, most of this, I'm aware of, thru exhaustive research, and yes, he has been appointed an attorney to assist. I understand that this isn't in his favor. But, back to the original question: how do I find a writ of habeas corpus that resulted in a GRANT and not a DENIED? That way I have some basis to compare to - for what works and what does NOT work. At this stage, all I need to know is what WORKS. And I will happily pay for your advice. Thank you very much.
Expert:  xavierjd replied 5 years ago.

Again, a writ of habeas corpus is a request to be brought before the judge. It sounds like your friend IS going to be brought.

 

It is the request for relief that is made either before or at the hearing that will be GRANTED or DENIED. In this case, for example, his request to withdraw his plea. Searhing using "habeus corpus" granted or denied, may not be the appropriate seardh, nor will it give you the results that you re looking for. That search may be WAY to broad.

 

An online search query may include: Conneticuit + criminal appeal + withdraw plea

also,,, you may try "Conneticuit + ineffective assistance of counsel +criminal

Using "writ of habeus corpus" in any search may not necessarily help you...Again, because that is just a request to be brought before the court. Always include your state in any search as it narrows the results.

 

 

 

If you go to the law library, I don't know if a law librarian could point you in the right direction...but s/he can't give you legal advice. S/he may be able to give you assistance with search queries.

 

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
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