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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello Paul. As stated yesterday, each juror was allowed to

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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, ***** ***** .

Thank you for your new question. While I do not know anywhere near enough about your case to tell you what you can argue or how to write your argument, you seem to have gotten the case law for your case anyhow.
What we can tell you is how to lay out your appeal as to make it something the way the 5th Circuit would want to see it.
You need to start out describing briefly the facts and travel (what happened in each court) of each case. Describe all of the pertinent information and facts about your particular case. Then you specifically state the errors of your case, which are the issues. You then give the case law and rule regarding your position on the issues you believe are in error. Next you analyze your facts compared to the rules from the case law and statutes and describe how it is supportive of your case.
Finally, you need to succinctly conclude your brief summarizing each error, the issue, the rule, the brief reason why (analysis) and tell the court what you want them to decide.
If your brief follows the above, that is just how the 5th circuit wants to see your case presented.
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Customer: replied 4 years ago.
Paul, I just reviewed your reply. You make it much clearer than the FRAP or 5th Circuit rules. I do not want to get into it today but I can offer 3 items from my trial which does prove beyond doubt that no finding of the specific crime that I allegedly committed. However the courts have side stepped the issue. The three items are (1) charge of the court [8 lines from the charge confirms my issue], (2) the DA's closing argument [only 6 lines is necessary], (3) the verdict form, just 2 lines. am requesting that you look at what I have stated above and give me your feeling as to where I may stand with the 5th Circuit. However I understand that this is not a normal question and you may decline to review these 3 items. I will type the number of foregoing lines for review ONLY if you so request. This ism last note for today. When I receive your reply onewy or the other I will rate your 6 star as you did very well answering my previous question. Thanks, John.
Thank you for your response.
It is very hard for us to review documents in this forum, so you would have to type the few lines here in a reply. However, you are arguing that this was not a lesser and included offense type case and you claim that the judge simply allowed the jury to come up with any charge they wanted to convict upon and that you need to address with the case law you have found that says this is not proper and that is the "issue" and then the case would be the "rule" then you would explain how your case is the same to the case you cited (the analysis) and then wrap it up for the court to clearly say that as the rule is the court cannot do this and this is just what they did your rights were violated and the verdict needs to be vacated (the conclusion).
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