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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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Experience:  Relax. Let's work together. Practical solutions.
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I am trying to get an appeal lawyer in Smith County and the

Customer Question

I am trying to get an appeal lawyer in Smith County and the two hear will not take the case? The lawyer missed heariing amd did not challegne the compentancy test and the Suberity test was not down by the book, and was taken from medical records form the hospital, Case was aleady overturned in smith county for doing it that way, My income is limited and need a court appoined lawyer? How do I get another count appoined laywer to appeal the way the evidence was obtained
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed Texas attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. What is the name of the offense of which you were convicted?

  2. What is the date of your conviction?

  3. What is the date sentence was imposed?

  4. What are the terms of punishment (i.e. confinement, fine, probation, etc.)?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
The offendr is my son. His name and TDJC# XXXXX XXXXX Raymar Williams, inmate#1529484. The offense was three coounts of Intoxication Assault. The conviction date was August 25, 2008 and sentencing was September 18, 2008. The sentence was ten years confinement in each case. It was an open plea of guilty but if we had been told about how the alcohol test was obtained, we would have not plead guilty. My son has a cognative brain injury and I have a Power of Attorney. So I was the person the lawyer talked to about everything. On the date the Competence Hearing was held, we were late because, the lawyer called me because we were not there. I was not told about it until that day. On two or more occasions, the lawyer did not show or call for court. In the appeal brief, there was no jurisdictional errors found, but my son did not receive effective assistance of counsel. There should have been two issues, the court should have submitted to a lesser offense and the improper admittion of hospital records. The court erred in admitting hospital blood alcohol test which were inadmissible under Texas Code of Criminal Procedure article 38.35(d)(1) which can be found in the Court of Appeals for the First District of Texas case No. 01-07-00301-CR. Also, this can be found in the Court of Appleals Twelfth Court Of Appeals District, case NO. 12-06-00019-CR. Counsel never mention this to my son or me. He would not have pled guilty and gone to a jury trial.
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed Texas attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I am sorry for what has taken place here, and I hope everything gets resolved appropriately for your son in this matter.
  2. You have an excellent understanding of the relevant and crucial issues here. I agree with you about the admission of the Blood Alcohol Content (BAC) results from the hospital. I say this both as an attorney and a registered nurse with a clinical background in emergency departments. Likewise, I agree with you that habeas corpus is the appropriate vehicle for seeking relief from, and redress of, these trial errors. Ineffective assistance of counsel of claims are nearly always very difficult to successfully argue under the two-part test announced in Strickland v. Washington, 466 U.S. 668 (1984). In Texas, this is nearly impossible due to the absolutely pitiful case of Burdine v. Johnson, 262 F.3d 336, 348 (5th Cir. 2001), cert. denied,XXXXX 2347 (2002).
  3. However, even setting aside the claim of ineffective assistance of counsel, based of what you have related here I see ample grounds for proceeding. Texas Code of Criminal Procedure Article 1.051(d) provides: "An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in the following appellate and postconviction habeas corpus matters: (1) an appeal to a court of appeals; (2) an appeal to the Court of Criminal Appeals if the appeal is made directly from the trial court or if a petition for discretionary review has been granted; (3) a habeas corpus proceeding if the court concludes that the interests of justice require representation; and (4) any other appellate proceeding if the court concludes that the interests of justice require representation."
  4. I commend you for being concerned about the welfare of your son and being diligent in seeking counsel, but truthfully this should not have to be a burden on your shoulders. Rather, a request for appointment of legal counsel on grounds of indigency should be presented to the Court. Unfortunately, the great majority of habeas corpus motions and other petitions for post-conviction relief are summarily dismissed. However, there is the "safety valve" of redress available through the federal Court system. More specifically, this would mean filing a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. This is the proper vehicle for an inmate currently serving a sentence under a judgment in a state court.
  5. In modern practice, a number of limitations have "chipped away" at the available of federal Court relief (i.e. exhaustion of remedies, etc.). As the first step, I would strongly suggest contacting the Texas Department of Criminal Justice Counsel for Offenders office (formerly known as the Inmate Legal Services section). These are the staff attorneys who represent inmates. Offenders must contact State Counsel for Offenders directly; the request for help cannot come from friends or family members. In your son's case, he would need to contact the Appellate Section, Texas Department of Criminal Justice, State Counsel for Offenders Division,XXXXX P.O. Box 4005, Huntsville, TXNNN-NN-NNNN Telephone:(NNN) NNN-NNNN Fax:(NNN) NNN-NNNN
  6. If this does not work, your second step should be to contact your Local Chapter of the American Civil Liberties Union of Texas. I cannot guarantee that this organization will accept the case, but it would be the next place to turn and submit a request through Get Help. I would be glad to interact with you further on this topic even after you click "accept" to process my answer. I will be working in this forum periodically over the weekend, and I will be sure to check back for any updated posts from you.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7592
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you, XXXXX XXXXX been most helpful.
Expert:  LawHelpNow replied 5 years ago.

Hello again,

 

Thanks for writing back. You are most welcome. It was my pleasure.

 

I hope things work out, and I will keep my fingers crossed for you.

 

Take care and thanks again for using JustAnswer®.

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