Lawyers' late filings

[missiva]

Nine Death Row inmates in Texas lost appeals due to late attorneys.


http://www.chron.com/disp/story.mpl/...n/6328865.html


Did anyone now about this?
I felt astonished!
Something has to be done!
And people must be aware about!

[HardHeadedWoman]

How sad. its not going to get them the appeal but the lawyers that file late should be disbarred! they have a year to get that appeal in and they wait until the very last minute not taking in account anything could go wrong and they have someone elses life in their hands.

[JJS811]

What with late appeals, judges shutting up shop early on the day an inmate files his final appeal, is there no regard for due process, and human life, or is getting people on the gurney and the lines in them more important? Sickening - truly sickening!!

[welshcake]

that is really wrong.....do these lawyers not know the importance of the appeals.....cant they see that it's a true matter of life and death for the inmate? These lawyers should be punished....seems to me like they think a dp case is something that you dont take serious....how dare they!!!

[Danigran]

Originally Posted by missiva

Nine Death Row inmates in Texas lost appeals due to late attorneys.


http://www.chron.com/disp/story.mpl/...n/6328865.html


Did anyone now about this?
I felt astonished!
Something has to be done!
And people must be aware about!

And the number of men who lost at other levels is outrageous also! Check out Juan Castillo! The CCA had to REMIND the attorney to file!!!! She was 2 years late almost!

3/18/2009ORDER FILEDHabeas Corpus - Capital Death3/11/2009WRIT SUBMITTEDHabeas Corpus - Capital Death2/24/2009RESP TO SHOW CAUSE 2/3/2009REMINDERApplicant10/1/2008ORDER FILEDOn the Court''s own motion9/11/2008RESP TO SHOW CAUSEHabeas Corpus - Capital Death8/26/2008NOTICE SHOW CAUSEOn the Court''s own motion8/18/200811.071 SEC. 4 (A)(b)Habeas Corpus - Capital Death


Attorney was suppose to file in 2007! The attorney admitted she didn't understand the law but they allowed her to continue to represent him!!!

She has also represented a number of other death row inmates! I just can't believe them!

[Joy.K]

Exactly Dani! This is also happening at the State Habeas level of appeals. There's a state-appointed attorney (Suzanne Kramer) that consistently neglects to file appeals for her clients on Texas Death Row. I'm aware of four (4) inmates that she's done this to:

Juan Castillo #999502
Joe Luna #999509
Ronnie Neal# 999510
Christopher Young #999508

She's been held in contempt of court three times and ordered to pay a $250 court fine each time. These are just four cases that I'm actually aware of. How many others are there that she alone has done this to??

Juan Castillo is the latest inmate battling this issue with Suzanne Kramer. At one point, Juan was so frustrated with it all that he wrote his judge and told her he wished to waive his appeals and have an execution date set. His reasoning behind that was simply because,

"I'd rather waive my appeal and get executed than have a bullshxt attorney do nothing for me and get paid for it, and then I get executed."

. Juan has repeatedly asked for a copy of his trial transcripts so that he may help himself and do what Suzanne Kramer hasn't...preserve points of errors with the courts. The response he received to that request was, "(we're) not in a position to absorb this expense for you. As long as you are represented by counsel, you are not entitled to a free copy of the record." Juan has continually tried to contact Suzanne Kramer to find out the status of his case, yet she hasn't responded to him since August 2006. Juan contacted the Texas Defender Service back in 2006, seeking assistance with the issue. Jared Tyler (staff attorney, Texas Defender Service) wrote him back telling him that he'd gotten in contact with Suzanne Kramer and she'd told him that she "wasn't in need of their assistance". She's lied repeatedly to the courts, she's used the excuse that she "misunderstood the law" (WHAT?? She's an attorney!!). More recently (March 11, 2009), under a direct order from the courts, Suzanne Kramer has filed Juan's appeal with the courts...3 years PAST it's deadline. Juan has yet to see a rough draft or copy of the appeal that has been submitted on his behalf. Regardless of Suzanne Kramer's lack of work ethics, the courts are continuing to allow her to represent Juan. He's extremely frustrated, and greatly concerned...as he should be.

[lisainengland]

This is just awful. These lawyers seem to think they are above the law and that anybody on death row couldnt possibly be innocent so why bother with the appeals. I agree with missiva something MUST be done !!!!

[gypsysmagician]

This is so absolutely unbelievable that so many DR inmates have inadequate defense. Probably most of them. I know from the case of my friend that it is hard enough to fight for your life already when you have excellent lawyers but I wonder, how many over there have a half way decent lawyer, even one, although they would need 2 at least for the state and federal laws. I bet that it is a great minority. All the others never get even a fair chance.

[JJS811]

The situation with most DR inmates and lawyers stinks. They are allocated a PD, firstly PD are employed by the state, where is the impartiality there? Secondly, as has been mentioned in this thread already, some are fresh out of law school and have never tried a shoplifting charge let alone a capital case. Others are so inept, that IF an inmate gets a post conviction hearing, many cite lawyers being ineffective, and judges are agreeing!! In my opinion ALL capital, or potential capital cases MUST use a lawyer with extensive knowledge, understanding and expertise in criminal law. They MUST have a certain number of trials under their belt, and that MUST include some murder trials. They should also be able to demonstrate a basic understanding of DNA and evidentiary worth.

We are not talking 6 months imprisonment here, if the lawyers balls it up, we are talking about a human being's LIFE. This is not a game, but something of the utmost seriousness.

The whole system surrounding murder and capital cases needs a major shakeup, it has to be reformed, before more people die due to a very one sided and belligerent system.