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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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A local lawyer told me that if the defendant uses information

Customer Question

A local lawyer told me that if the defendant uses information in his application for post conviction relief from the meetings with attorney prior to trial, the defendant would probably have to testify at a hearing and he would have answer any questions the prosecution wanted to ask. Is this true?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

What state are you in?

What court is the defendant appealing from?

Thanks
Customer: replied 1 year ago.

State is oklahoma.


Appealing from Oklahoma Court of Criminal Appeals.

Expert:  xavierjd replied 1 year ago.
Hi,

I am afraid that the information from your local attorney is incorrect.

If the appeal of the denial of your Application for Post Conviction Relief is denied at the Oklahoma Court of Criminal Appeals then you have “exhausted” your state remedies and you can then begin the Federal Habeas Corpus process under 28 U.S.C. Section 2254.

 

The Federal Habeas Corpus process does NOT involve the Defendant testifying at a hearing. The process involves the decision of the Criminal Court of Appeals, briefs written by attorneys for the Defendant and the Prosecution, and if the appeal is accepted to be heard by the U.S. Supreme Court, oral arguments are made by the attorneys. The Defendant DOES NOT ever testify.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

 

Customer: replied 1 year ago.


Please pass to another attorney. You are not understanding my question.

Expert:  xavierjd replied 1 year ago.
Hi,

I believe that I do understand your question. There will be no hearings at which the Defendant will have to testify or be cross examined by the prosecution.

The local attorney that you consulted MAY have been speaking about any Complaint that the Defendant files against his attorney for ineffective assistance of counsel with the Oklahoma Bar Association. Below is a link as to file a Complaint:

http://www.okbar.org/public/Complaint.aspx


However, as far as filing an appeal from the decision of the Oklahoma Criminal Court of Appeals (including his application for post conviction relief), no hearings are held in which the Defendant will have to answer any prosecution's questions.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 4 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.

Hi!

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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