Options for any type of post conviction relief?

[lmlindsey]

So I am just going to try and get any questions I have out in one post. Hopefully someone might be able to provide some answers or feedback to better understand things. My husband and I are already very much prepared for the appeal not to be successful because it just seems that most are not. I have mostly post conviction and appeal questions.

This first question is if there is any avenue that can or should be taken for this. So I understand hearsay is just that... Hearsay. So pretty much the state attorney objected to practically everything that the defense tried to bring up. The defense witness were really only able to provide what the victim told them happened. Each story different from what the other person heard. So it was just stating the inconsistencies each person heard. For me , I could have provided more information besides just hearsay. I could have provided information about the days in question because I was there. The Public defender did not bring any of that up. So pretty much even though we all were told by the victim different things. This does not matter because it is hearsay. Yet the state put a witness on the stand that was the same thing. They heard the story from the victim. They told the jury what she was told by the victim. Now I was not in the courtroom, but from what I understand from people that were able to sit in...my husbands lawyer did not seem to object to any of it. Is it because he could not? Was he just doing a poor job and not paying attention? This would make me feel that if it was because he was not doing a good job would not cut it in the appeal because it was no an error in the trial. Is that right? I am so confused.
I was able to sit in on the closing arguments of the trial. A piece of information that the state used has bothered me ever since the trial. The victim said she never looked at any type of certain material so they would have no knowledge to what certain things looked like. Basically saying that the only way she would know is if the events that they say happened occured. Now I think I have asked this question before but in the initial investigation, the investigator assigned to the case had spoken one witness about how she had addiction to that type of material and had several times been forced, threatended and blackmailed to watch it with her. The whole conversation with the investigator was specifically about that. This was no where in the discovery or evidence handed over from the state. Now he went through several public defenders but we always let them know...hey this isn't in there. None of them ever did anything. Also when the state did depositions on us the addiction was brought up by myself and another witness as well. We saw the public defender writing away and to be sure they must have wrote it down. 3 people saying the same thing. Yet the state said she never saw this stuff. I asked if any of this could have helped his case before we went into sentencing. He said if the investigator did not document this conversation then it would make no difference because there is no proof. This was brought up since the very beginning. I mean even if it did not help him win it was still something in my eyes that could have been important. So if it was not handed over to the state and it was not recorded in any way then is it just a loss like he said or is there any avenue that can be taken?
Basically from what it seems...I feel like there is nothing really there for a successful appeal. Part of me feels maybe to try ineffective assistance but I heard that is pretty tough as well. What are they looking for in order for that motion to fly? I also understand that the appeal needs to be finished before any other motions can be filed? I try to read up on it but it seems to make me even more confused.
Sorry if none of this makes any sense. It is very hard to explain what I am trying to understand sometimes. I just want to make sure we do not miss an opportunities if there are any present.

[fbopnomore]

I'm a layman, so the only advice I can give you comes from my own appeal, which was expensive, and which I lost. You are correct that a very high percentage of appeals fail, but not all do. The court rules and requirements for an appeal were indecipherable for me, so without hiring an appeal lawyer, I would have been totally lost. This was even more complicated because I was in prison.

My advice is to consult with a lawyer who has filed successful appeals in your jurisdiction to see if you have a case, or not. Good luck.

[yourself]

ok, he's entitled to a direct appeal, so the PD undoubtedly put in a notice of appeal, and the State Appellate Defender was probably assigned to the appeal.

That direct appeal will be looking at a huge variety of issues as gleaned from the record - that's the entire record - the motions, the trial, the jury instructions, sentencing, everything. From all that information, the SAD will pick the best issues to try for some form of relief, either a new trial, or a lowering of the sentence.

Mostly, it will be considering the judge's rulings to allow or disallow certain evidence. It's mostly legal issues - matters of legal theory.

Sometimes, IAC is considered, but there generally has to be a pretty decent showing that the attorney didn't do his/her job. "Mistakes" can't be de minimus. Mistakes can't be discretionary (we don't object to everything we can if it means alienating the jury or pissing off the judge).

After the direct appeal, you can try a number of other avenues for relief, though all successive appeals will have to be paid by somebody other than the State. The appeal can be appealed to a higher level court. Habeas Corpus can be explored. Other forms of appeal can be explored. It depends on how deep your pockets are and how good your issues are. A good appellate lawyer will tell you what issues you have as well as your chances of success on those issues.

[DRUID1208]

this is a thing of vary fine line law you will want to bring this to a lawyer who works in trial courts for your kind of court your in as well as the areya if federal then a lawyer whos good with federal courts and law if state same thing a state lawyer but you need to get a lawyer for that the rules of evdeges and what can and can not be admited are somewhat a gray in meny cases you best asck a lawyer about it or if you can even a judge or a law school near you anyone who knows about your places court and kind of court that knows trial law will be abel to help you good luck but i will say hear say is a tricky thing in law while yes what your saying could be called such in some resons it may not be in moest i know hear say to be if i siad that fed siad a but thares no proof of such sens he not in the room to say yes i did say this or no i did not that can be hear say but sometimes it is still abel to be herd for other resons you realy will want to talk to a lawyer who works as a trial court lawyer or call your state bar to asck what to do or who to seek out even good luck to you