Notice to new members intending to register - from January 9th 2012

spiffy-heart · #1 05-30-2012, 09:56 PM

How can i let the "free" appelate lawyer know, that I know the difference between just "repackaging" the lower courts trial, to present and really researching my sons case, to present a GOOD appeal? I know there are few appeals granted in hardly any shape and form, but i also know we dont have a chance if she doesnt work at it! Ive read 450 appearecent opinions in the circuit court my son will have his heard. There was NOT ONE case even similar to his, so....i dont know! she's free, hey, the $50,000 one didn't do much good, and we're broke!

Spiffy heart
AL mom, good son in La.

yourself · #2 06-15-2012, 11:55 AM

Once the Appellate Defender is assigned, a record of the proceeding will be made. The APD will get that record, and then begin reading. In the course of the reading, the attorney will look for appealable errors that would have adversely effected the outcome of the case. Those errors are the ones that will be targeted in the appellate brief.

BTW, it's not the "same case" as in the same charges that you need to look at. You need to look at appealable issues. A 4th Amendment challenge is a 4th Amendment challenge be it in a bank robbery or a drug case.

CAdreaming · #3 09-25-2012, 08:35 PM

How do I begin to find an APD? Are they pro bono because, that's what my son needs.

yourself · #4 09-26-2012, 09:15 AM

the APD is appointed by the trial court at the conclusion of activity at the trial level. An APD will not be appointed if he has accepted a plea and part of that plea is a waiver of appeals.

Yes, if the APD is appointed, it low/no cost, just like his trial level attorney.

Note, he's only allowed a court appointed APD for his direct appeal at the conclusion of trial level activity. He will have to foot the bill for any subsequent appeals.

CAdreaming · #5 10-02-2012, 02:34 PM

Quote:

Originally Posted by yourself

the APD is appointed by the trial court at the conclusion of activity at the trial level. An APD will not be appointed if he has accepted a plea and part of that plea is a waiver of appeals.

Yes, if the APD is appointed, it low/no cost, just like his trial level attorney.

Note, he's only allowed a court appointed APD for his direct appeal at the conclusion of trial level activity. He will have to foot the bill for any subsequent appeals.

Could you please break down this phrase in your reply: "direct appeal at the conclusion of trial level activity"

spiffy-heart · #6 10-06-2012, 12:07 AM

Quote:

Originally Posted by CAdreaming

How do I begin to find an APD? Are they pro bono because, that's what my son needs.

My son has a state group called Louisiana Appellate Project who assign lawyers for indigent inmates, like my son, who spent all his/our money during the lower courts trial. These lawyers are assigned, in a way that tries to share the load of cases evenly over, I think about 10 lawyers.

when the world say's "Give up!". Hope whispers..."One more time...!"