Hello Paul. As stated yesterday, each juror was allowed to decide offense they thought I was guilty of committing. However caselaw dicates otherwise (see XXXXX X XXXX , XX XXXX XXXX (XXXXX XXXXX); XXXXX v XXXX , XXXX XXXXX XXXX (XXXX 2005XXXX to name a couple of cases). In a writ o prohibition to the CCA Feb. of 2012, I alleged I was denied a fair and impartial trial and denied right jury unanimity as to what offense the jury found me guilty of committing. The state argue that due to XXXX X XXXXX , XXXX XXXX XXXX (1999) (Which did not deal with my issues) that I should have been put on notice of my unanimity issue. The state argued that my claims should be dismissed as abuse of writ. The CCA dismissed my claim w/o written order. I then appealed to USDC seeking declaratory judgment and injunctive relief securing right to a proper review of my claims within both my habeas application #4 and writ of prohibition. These claims were denied with prejudice as argued y the CCA. Paul I know that I have a claim and do not believe that my right to a fair and impartial trial and unanimous jury verdict cannot be forfeit. Any advice you can supply as to how I should develop my forthcoming brief to the 5th Circuit would be greatly appreciated. And No, I cannot afford an attorney to file this appeal. I am 72 and live of SS. For the record, I have maintained my innocence since 1991. I await any feedback you may provide, Respectfully, ***** ***** .
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).