Can an inmate request a different state lawyer?

[it will pass]

Hi guys!

My family member was sentenced and filled out a appeal. His case will be review in court soon because he won the appeal. But Marion County assigned him the same lawyer that he had before (who didn't help him much at all and made mistakes on his case). Does he has the right to request a different lawyer? How is it done?

Thanks in advance for all the help.

[Scott]

Originally Posted by it will pass

Hi guys!

My family member was sentenced and filled out a appeal. His case will be review in court soon because he won the appeal. But Marion County assigned him the same lawyer that he had before (who didn't help him much at all and made mistakes on his case). Does he has the right to request a different lawyer? How is it done?

Thanks in advance for all the help.

It certainly seems odd they would give him the same person, but he could go to the law library and ask the inmate clerk if there is a motion to request re-appointment of counsel. I think the best place he could go for this information would be the Inmate Law Library...

[it will pass]

Thanks, Scott.

[Zelda50]

The way he gets a different lawyer is to talk to the one he has and ask him to withdraw and request a new court-appointed lawyer be appointed. A direct appeal is based upon issues presented in court - and therefore, it can be handled by the same attorney who represented the person in the original case.

If he feels that lawyer was inadequate, he can ask (as outlined above) for a new lawyer.

But, also, he can file a Petition for Post-Conviction Relief, alleging that the original lawyer made errors. THEN he gets a different lawyer on that. There is a time deadline for post-conviction relief petitions to be filed. He can find the information and how to file that in the prison law library.

[it will pass]

thanks Zelda. Very helpfull, as always.

:-)