Appeal

[spiffy-heart]

My son and the assigned lawyer (who he's never met) are just beginning the appeal process. The clerk of court has already asked for an extension, for getting the transcripts to the lawyer. The stalling begins!

I have emailed, and called several times, asking for her/his lawyer, to call me. She won't call back. We are our sons only support, the three parents. I know, he's 44 and an adult. Am I being in appropriate? I'm doing what I feel is right, but something's not working.

Spiffy Heart
Mother of a good son

[yourself]

It's not stalling. The Record includes ALL transcripts and documents. The transcripts have to be transcribed, either from a court reporter's notes or from the audio tapes. It takes a good while, and the more complex the case, the longer it takes. Trial transcripts can take 2-3 times longer than a plain old plea, and that's for a trial that doesn't last more than a day and a half.

And each transcriptionist has more than one case assigned to him/her.

The appellate defender really has nothing to say to you - you're not the client and s/he doesn't have the record yet.

Once I get the record, the first thing I do is talk with the trial level attorney and send a letter off to the Appellant/Defendant. Eventually, I will visit the Appellant/Defendant but when is a matter of where the Appellant/Defendant is being housed.

It's once I've got the Record that I can even start to work on the case and look for issues.

I know you want this to go faster than it's going, but it can't go any faster. The appeal itself is a huge document, and I can't even work on the statement of facts part of it without the record, let alone find actually appealable issues. There's really nothing to talk about until the Record is complete.

Your son may want to write to his Appellate Defender, noting anything that he thinks may be appealable, but really there's nothing that can be done until the Record is compiled.

FWIW, the last 1 day trial I handled on appeal produced a Record that was just bigger than your standard banker's box.

[spiffy-heart]

Ok, I understand the time it takes to transcribe. Then why is there a "return" date that's too soon to be met, in the first place? Why did the two lawyers, defendant and prosecutor make dates to exchange evidence, or set the trial, made and missed 15 times? He would go to court, with his lawyer, sit for as much as an hour....missing work, and prosecution wouldn't show. Don't tell that's not stalling, or playing games.

The DA's have not only too much power, but aren't held accountable! They get by with horrible stuff! Why isn't it illegal to give TV interviews during a trial...at the lunch break? Why isnt it illegal to sit on TV and say, " if you knew what I know, you'd know he's guilty"! They scared off his support, with this crap, and his witnesses backed out.

No one ever let on that he was innocent until proven guilty. They never had to prove he was guilty, and didn't...not with evidence they didn't...only public, inappropriate statements to the press!

I'm sorry, but to believe lawyers don't "stall" and cheat, and pull unethical stunts like I've mentioned.....is impossible for me to swallow.

My son is alone in this world, and if I have an idea as to what might help, I think I should be able to share this idea with his damned lawyer!

Spiffy heart
Mother of a very good son