Jonathan Laurans - Kansas City Appeals Attorney & Post-Conviction: 2015

Tuesday, December 15, 2015

Happy Holidays!

Thank you for reading my blog entries, and perusing my website throughout this fantastic year! Rather than blog about another legal topic, in this installment, I simply will use this medium to wish all of you a very safe, healthy and Happy Holiday Season!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing. If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately. Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Wednesday, December 9, 2015

Enjoy One of Kansas City's Favorite Holiday Traditions

Kansas City Southerns Holiday Express Train

Recurring daily, December 16-December 20 - Time: 9 am- 7pm
Region: Crown Center Area
Address: Union Station, Sprint Festival Plaza, 30 W. Pershing Rd., Kansas City, MO 64108

Monday, December 7, 2015

When Two Lawyers are Better Than One.

Earlier this week I was asked to join a defense team defending a young man facing serious prison time for allegedly transporting illegal drugs in a vehicle. At issue, first and foremost, is the manner in which the police conducted their warrantless search of the vehicle, without getting judicial permission (in the form of a search warrant as required by the Fourth Amendment to the Constitution). The current lawyers know that the case is going to need to be appealed because the trial judge has decided to excuse the police officers' decision to search the car using a drug-sniffing dog, in a manner which seemingly is in contravention of recent U.S. Supreme Court precedent. So why bring on board an appellate attorney before an appeal is ripe to proceed? Because an appellate lawyer can help phrase and preserve the issues at trial properly so that the appeal is framed correctly. This is money well spent by the client. A group of well-coordinated defense attorneys, each with different skill sets, increases a defendant's chances against the behemoth power of the state and federal governments.

If you have a family member or friend who is facing charges on the heels of an illegal search by police, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Tuesday, November 17, 2015

The trial you never got - The post-conviction evidentiary hearing:

In post-conviction litigation, your attorney's goal is to write an opening "motion" which is compelling enough such that the judge cannot summarily deny relief, and instead must hold an evidentiary hearing on the merits of the claims asserted. In order for a client to have any chance whatsoever at obtaining post-conviction relief, the attorney must be prepared to call witnesses to the stand, and introduce all of the evidence which is alleged in the post-conviction motion to have been overlooked back during the underlying criminal trial court proceedings. It is not enough to simply inform the judge of what the evidence "would have been" had the underlying proceedings been handled correctly. Instead, in the evidentiary hearing, the client's post-conviction attorney must "put on the trial the client never got."

If you have a family member or friend whose lengthy sentence was based at least in part on prior convictions, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Wednesday, November 11, 2015

The Appellate Oral Argument.

Little is ever written about how an attorney should handle oral arguments in the appellate courts. And the one and only answer will not be provided here because there is no consensus. But after arguing appeals for well over twenty years, I can safely opine a few tips: Presume the judges on the panel have all become quite familiar with the facts of the case, and the issues being raised. (They have law clerks who distill all of the briefing for them, and send them in with "cheat sheets" and memos.) Try scrapping the formalities and the introductory remarks. (These are simply time-wasters. Remember, you'll be "on the clock" because oral arguments at this level are time-constrained.) Avoid arguing anything already written in your brief, as this will cause your judges to lose interest, as they've already read the briefs. (Never say, "As I argued on page XX of my brief. . . . ") Instead, in the time between briefing and oral argument, occasionally re-read your brief and that of your opponent, and keep a list of ideas that are new and which have popped up during this interim. These are the Golden Nuggets which can make or break your case with a judge that may have already been leaning against you. A new twist on the old argument is precisely what can change a set mind.

Monday, November 9, 2015

The Great Bend - Seasonal Events for your calendar.

The Great Bend - Seasonal Events
As always, everyone loves to come to Great Bend for the holidays! The award-winning Trail of Lights and Santas Around the World are just a couple of highlights to add to your calendar!

Tuesday, October 27, 2015

Hey, NY Mets fans: Our top 5 lists to help you have fun in KC

Our top 5 lists to help you have fun in KC
"So here you are, in Kansas City for the World Series.
Thing is, you’ve never been here before. What to do? And what’s all this about barbecue? Here’s a list of things and places that baseball enthusiasts will fall for in the City of Fountains. New York Mets fans: we may not want you to win, but we’d love for you have a good time in KC."

Read more here: http://www.kansascity.com/entertainment/article41536227.html#storylink=cpy

Thursday, October 15, 2015

Sentences Based on Prior Convictions for Drugs or Violence

In Johnson v. United States, 13-7120, the United States Supreme Court on June 26, 2015 struck a blow against sentencing increases based on prior convictions. The Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act is ambiguous, and therefore denies due process to defendants whose sentences were increased under that law. Courts nationwide are starting to reject increased sentences urged by prosecutors, and these judges are doing so by extending the rationale of Johnson to other contexts. Meanwhile, there is litigation sprouting everywhere to test whether Johnson applies retroactively to shorten older sentences handed down before June, 2015.

Tuesday, October 6, 2015

How to Cross-Examine the "Expert":

In virtually every single drug case and sex-offense prosecution I am asked to evaluate and appeal, I see the government using "experts" to testify in general terms about their past experience investigating other people charged with crimes (as a way to insinuate that the person on trial at that moment is also guilty). In this installment, I offer commentary on this unfair tactic being employed by prosecutors in trials all over the country, leading to unfair convictions.

By the time cases like these come across my desk, it is too late to mount a challenge to the "expert's" opinion, mostly because trial attorneys do not attack "experts" in pre-trial motions and hearings. And, as discussed in previous blogs, if there is no objection to a specific area of evidence or testimony during trial, then the issue cannot later be appealed. So then, the next best way to handle the damaging "expert" is for the trial attorney to go after him or her with a zealous cross-examination. Attack must be lodged against the "expert's" lack of credentials (i.e., education at a recognized university as opposed to in-house police department classes), lack of acknowledgment across the country as an "expert" (i.e., no published articles, and no listing in any accepted peer-review literature as a national authority on any topics), and lack of a scientific basis for the opinions offered. No defense lawyer should be afraid to expose sham expert testimony.

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Wednesday, September 30, 2015

Fall Into Fun at Hoots & Howls - Kansas City Zoo

Fall into Fun at Hoots and Howls
The festivities are Saturdays and Sundays from 10 a.m. to 3 p.m. on October 4 & 5, October 11 & 12 and October 18 & 19.

Thursday, September 17, 2015

It's That Time of Year Again! Prepare to be SCARED!

3rd Street Asylum Haunted House
October 02, 2015 - October 31, 2015

Every Friday, Saturday

The 3rd Street Asylum Haunted House is located in an old 1918 school building in downtown Bonner Springs, Kansas. It's scary...creepy...gory...fun...and not for the faint of heart!

Tuesday, September 1, 2015

Recurring Issues - Installment 3:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?" It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel. Last installment, we discussed the concept of “junk science." Before that, I covered "hearsay" and missed objections to it. In this installment, I offer commentary on yet another evidentiary issue arising in trials all over the country, leading to unfair convictions.

"Bolstering by prior consistent statements" - I am addressing this issue in more than one case right now. The typical scenario involves a witness coming in to testify that the victim told the witness of an alleged act (for example, molestation by a family friend or relative) months prior to trial, with the resulting insinuation being, "This isn't a recent fabrication by Victim, because after all, Victim told this story to someone else previously." Of course, the flaws in this logic are several, the most obvious being that a lie told repeatedly is still nevertheless a lie. But it takes a skilled defense attorney to point this out to jurors. In conjunction with my installment last month about "junk science," be wary of "family therapists" and "forensic interviewers" being used by prosecutors to bolster an alleged victim's story through craftily recounting the victim's "prior consistent statements." A wolf in sheep's clothing is still a wolf. And this one usually bites down with a jail sentence!

Tuesday, August 25, 2015

Kansas City Irish Fest, Sept 4-6, 2015

Kansas City Irish Fest Labor Day Weekend At Crown Center

With over 30 bands on seven stages, heritage workshops and displays, comedy, genealogy, a massive children's area and so much more, there is no better way to celebrate Celtic Pride in Cowtown than Kansas City Irish Fest!

Tuesday, August 18, 2015

Recurring Issues - Installment 2:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?" It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel. Last installment, we discussed the concept of "hearsay" and missed objections to it. In this installment, I offer commentary on another evidentiary issue arising in trials all over the country:

"Junk science" - Prosecutors, especially in sex offense cases, are proffering more and more "soft science" as though it is irrefutable fact. The biggest examples are "forensic interviewers" and "family therapists." Prosecutors bring these people in to testify that these professionals are "experts" who interviewed the purported victims, and can assure jurors that the purported victims have exhibited no tell-tale signs of deception. Stated bluntly, these witnesses are being offered up as human polygraph machines, without credentials recognized by established universities which offer degrees in widely recognized and accredited subjects. In other words, the opinions of these "forensic interviewers" and "family therapists" are loosely based on subjective and unverified social theory, which means that the basis underlying these opinions is "junk science." (The rules pertaining to the admissibility of opinion testimony are complex. The best way for a defense attorney to oppose this evidence is to conduct a vigorous cross-examination of the purported expert, exposing that there are no valid and universally accepted objective scientific studies backing up the conclusions that they are providing to jurors. The most effective way to develop this cross-examination is through preparation before trial of a thorough and exhaustive outline of specific questions, deriving from basic scientific principles including "control groups" and "variable identification/ elimination." Exposing that the "expert" doesn't know of any studies and/or how they were conducted can support a later objection wherein the lawyer asks for the jury to be instructed that the expert's testimony is unsupported and stricken from the record.)

Tuesday, August 11, 2015

Arts and Crafts Festival 2015

Arts and Crafts Festival 2015
Aug. 21 and 22nd @ 6pm
Arts and Crafts Festival 2015 Screenland Armour's annual celebration of all things beer, music, movies and art!

Thursday, August 6, 2015

Recurring Issues - Installment 1:

"Hearsay" - These are statements uttered outside of the courtroom by someone who is not on the witness stand. They are offered into evidence to prove something critical to the ongoing trial, i.e., "the statement is being offered for the truth of the matter asserted." An example would be in a car accident trial, when a police officer testifies that a bystander on the sidewalk remarked that the defendant was the one who ran the red light, causing the collision. The bystander's remark, as relayed to the jury by the officer, is "hearsay" because the bystander is not the one testifying, and the statement wasn't made in court when it was uttered. (The rules pertaining to hearsay are much more complicated and varied. My only point here is that hearsay statements seem rampant in trial transcripts I'm evaluating in appellate and post-conviction litigation, and lawyers are not objecting to them properly.)

Tuesday, July 21, 2015

Heart of America Hot Dog Festival 2015

Saturday, Aug 1st, 12:00pm

Tuesday, July 14, 2015

Does the Law Really Change "All the Time?"

One of the platitudes associated with the legal profession is "The law changes of all of the time." Does it? Well, in slight ways, yes. Here is why. We get our law from three sources: the legislature, the courts, and executive agencies (like the EPA or the IRS). The legislature debates and then votes on "statutes" which are written rules that have the force and effect of "law." These statutes proscribe against everything from usurious interest rates on loans, to crimes and their elements a prosecutor must prove to gain a conviction. While "new" laws are not necessarily being passed by legislative bodies every day, tweaking of existing laws happens quite frequently, almost every legislative session.

Often the legislature delegates its rule-making authority to executive agencies, like the EPA or IRS, which then passes "rules" that accompany the legislature's statutes and further define terms and processes. For example, the IRS tax code is a set of rules defining any number of concepts from "income" to "deductions," which all have the force and effect of law.

Meanwhile, our courts make law every day, when state and federal courts of appeal issue written decisions either affirming or reversing lower "trial court" rulings. These published appellate court decisions are called "case precedents" and are the foundation of what is known as "common law." Lawyers cite to these case precedents when arguing to judges at every level of the court system. For example, a lawyer might lobby, "Your honor, the officer's search of my client's car was virtually indistinguishable from what the state police did in State v. Johnson decided by the Court of Appeals last year, wherein the Court disallowed use by the prosecutor of all evidence wrongfully taken from the suspect's vehicle because there was no legitimate basis for a traffic stop."

What this all means is that no matter how eloquent or smooth an attorney might appear, if that lawyer has not first "cracked the books" to update the research pertaining to your case, the lawyer is nothing more than a "paper tiger" and won't be able to prevail for you over the long course of litigation. Why? Because law changes all of the time! And this is the concept underlying appellate and post-conviction litigation.

Tuesday, July 7, 2015

Summer Fun 2015

Summer Fun 2015: A guide to festivals, fairs and more

Monday, July 6, 2015

Before an Appeal Becomes Impossible - Get that Plea Offer in Writing:

Most of my blog posts explain aspects of the appellate and post-conviction process. However, I still handle several trial court-level cases each year. First off, I spent a great deal of my early career defending people in federal court. Secondly, as an appellate/ post-conviction attorney, if I am going to be second-guessing the trial work of other attorneys, I need to be "in the trenches" with them as well, not just for credibility's sake, but also to stay sharp on how the law is being applied and employed before a case climbs up to the appellate/ post-conviction arena.

Many of my post-conviction clients learn only after having hired me to investigate their cases that there were plea bargains offered to their former trial attorney earlier in their litigation history, which might have been accepted, and which would have given the clients a much better resolution to their cases. Had the plea offers been better communicated, then there is a chance that these cases might have ended long ago, and with smaller amounts of punishment, not to mention avoiding the costs of appellate and post-conviction litigation.

The best practice is to ask your attorney (or the attorney defending your friend or family member) at the very outset of the representation to promise that all plea offers will be communicated and explained in writing, so you all can really take the time necessary to think through all options, understand the potential consequences, and most importantly, compare sentencing exposure both then at the time of the plea offer, and down the road in the future if the offer is rejected and a trial is subsequently lost.

Monday, June 15, 2015

KC Checkpoint Yields 13 DUI Arrests

Before an Appeal Becomes Necessary- Finding the Right Trial Lawyer:

Most of my blog posts explain aspects of the appellate and post-conviction process. Recently, I provided perspective about how one should evaluate potential appellate and post-conviction attorneys when looking to hire one for a family member or friend. But perhaps that puts the cart before the proverbial horse. What should one seek when hiring a trial attorney?

Of course, experience and results matter. Criminal litigation is an adversarial process, so just as in athletics, past performance can be a valuable factor in assessing whether a prospective lawyer can help achieve a desired future result. But unlike sports, which are won in large measure due to force and strength, lawsuits are won solely through application of intellectual skill and tactical nous. So, how does one go about choosing the best trial attorney? The myriad of factors to consider could actually take up several chapters of a book. But two things to ask when interviewing a lawyer to handle a criminal case may help ferret out those who litigate from those who may be doing "business by volume": First, ask the lawyer to show you 3-4 recently-filed "suppression motions" (which are written memos to a trial court asking for a specific ruling that part or all of a prosecutor's case evidence be deemed inadmissible in an upcoming trial). If the motions are less than 4 pages in length and do not cite to several published cases of other similarly situated accused citizens in that jurisdiction (i.e., "State of Kansas v. John Doe, 123 Kan. 123 (1900)"), then this is a bad sign. It signifies that the lawyer conducts little to no legal research before filing motions. Secondly, ask the lawyer for his or her views about objections during a jury trial. If the lawyer responds that he or she doesn't like making objections because "it'll make the jurors mad," then this also is a bad sign. It signifies that perhaps this lawyer doesn't research and prepare for legal challenges prior to trial, and is willing to let potential legal errors by the prosecutor or the judge pass without challenge. As mentioned in earlier blog posts, errors during trial which are not objected to, usually cannot later be appealed. In other words, winning arguments for reversal of convictions can be abandoned by the trial lawyer who is unprepared.

Wednesday, June 3, 2015

Missouri Senate leaders have approved a workplace policy book that includes steps for dealing with allegations of harassment.

Missouri Senate adopts new workplace policy manual.

Read more here: http://www.kansascity.com/news/government-politics/article23017377.html#storylink=cpy

Tuesday, June 2, 2015

The Appeal and Post-Conviction Process. Finding a Lawyer:

An incalculable amount of stress and anxiety unfortunately befalls those whose family member, friend or loved one has been wrongfully convicted of a crime, or sentenced excessively. The worst feeling of all is having to watch the world move on while the injustice just witnessed becomes yesterday's news. "It's not supposed to happen here, in this country!" (Sadly, it does every day.) "Life just seems to move on for everyone else! No one's listening!" (No one believes this really happens, until it happens to their friends or family.)

Relief from the stress and anxiety can begin to take place once an experienced appellate/post-conviction attorney is retained. On my YouTube page I've recorded several short videos to assist you in selecting the right attorney for your case. Above all, you must "get in front of" at least 2-3 attorneys, so that there is a basis for comparison. And keep the following in mind: (1) An attorney who doesn't make time for you now, won't make time for you later. (2) When it comes to appeals and post-conviction litigation, "cheaper" is never ever a good thing. These cases grind out for at least 1-3 years. The small fee paid to an inexpensive lawyer will run out quickly, leaving him or her unmotivated to continue with the fighting spirit which is essential if a win is going to be procured. (3) A lawyer who can explain the appellate/post-conviction process to you in easily-understood terms - rather than regale you with "war stories" - is your best bet. If a lawyer can discuss these complex legal proceedings in plain terms, then that lawyer most likely has a mastery of this area of law.

No lawyer can guarantee that the injustice can be remedied. Why? Because every appeal and post-conviction motion is staunchly opposed by the government, and oftentimes the judiciary. While some prosecutors will work with a defense attorney who brings them proof of an injustice, most will not. But the right lawyer can give you and your family member or friend the best chance for success.

If you have a friend or family member fighting the battle for post-conviction relief, or if you are a lawyer trying to surmount the hurdle in the way of receiving a COA, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Monday, May 18, 2015

The Post-Conviction Process. Part Four - Federal "Certificates of Appealability":

In our last entry, we briefly touched upon what happens if the judge denies a post-conviction claim: Another round of appeals if the case was filed in Missouri or Kansas state court. But if the case instead was initiated in a federal district court, an application for a "certificate of appealability," or "COA," must be made.

The application takes the form of a motion filed in the federal district court, followed by a brief filed in the U.S. Court of Appeals. In the motion and the brief, the inmate or his lawyer must argue that there has been the denial of a federal constitutional right, and the issue is at least "debatable" between judges. This is known as the "reasonable jurists test." While this sounds like an easy threshold to cross - and it was designed by the U.S. Supreme Court to be a very slight and modest burden - federal appellate courts instead have turned the test on its head, making it, statistically speaking, the single hardest burden to satisfy in federal appellate practice. For example, between April, 1996 and July 1, 2014, the Fourth Circuit Court of Appeals was presented with 7,541 "COA" applications, but granted only 22. That is a rejection rate of a staggering 99.75%. The other eleven federal circuits are no less welcoming of COA applications.

That said, the fight must continue to turn this injustice around, and force courts back to applying the "reasonable jurists" test properly. (Last summer, I raised a challenge in the U.S. Supreme Court against the way that the federal appeals courts have been misapplying the "reasonable jurists test," and I will continue fighting this process until there is finally a breakthrough.)

Wednesday, May 13, 2015

The Post-Conviction Process. Part Three - Appeals:

In our last entry, we discussed the most frequently raised issue seen in post-conviction cases pending in Missouri, Kansas and in federal courts across the country (i.e., "29.15" motions in Missouri, "1507" motions in Kansas, and "2255" or "2254" motions in federal court). The issue is "ineffective assistance of counsel," as most prominently recognized in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the United States Supreme Court case around which so much of post-conviction litigation revolves.

But what happens if the judge denies a post-conviction claim? What happens next? At the state level in Missouri and Kansas, another round of appeals - much like the "direct appeal" after trial - is permitted. But at the federal level, there is no right to appeal the denial of a "2255" or a "2254" motion. Instead, the litigant must ask both the judge and then the federal appellate court for a "certificate of appealability," which grants permission to appeal (and then, only the specific claims listed in the "certificate").

This is not as easy as it sounds. In our next installment, I will offer some statistics which show how difficult our federal courts have made it, to obtain a "certificate of appealability," or "COA."

In the meantime, if you have a friend or family member fighting the battle for post-conviction relief, and feel you need assistance, please call this office immediately. There are always time deadlines limiting when these claims can be raised. If you wish to learn more about the process, call now.

Wednesday, April 29, 2015

The State Post-Conviction Process. Part Two - What Issues are Raised:

In our last entry we examined the general parameters of the State post-conviction process. In this entry, we will summarize what issues post-conviction lawyers look to raise most when crafting "29.15" motions in Missouri and "1507" motions in Kansas.

Most post-conviction attorneys are combing the files and transcripts of a case to ferret out "ineffective assistance of counsel" claims. These are allegations lodged by the convicted client who contends that his or her trial (or guilty-plea) counsel made poor decisions and other errors during their involvement in the case.

The most famous precedent establishing this standard for evaluating "whether trial counsel was competent" is Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The Strickland case sets forth a two-part test: (1) Did counsel perform deficiently, i.e., make errors other lawyers in the community would not have made? (2) Did those errors affect the outcome of the trial or the sentence? Both parts of the test must be satisfied in order for an inmate to be entitled to post-conviction relief.

The fact that a defendant followed his attorney’s advice to plead guilty does not circumvent or negate the Strickland test. If counsel's mis-advice was so poor as to render the guilty plea "unknowing or involuntary," then relief can also be granted.

Defense counsel’s strategic decisions are usually accorded great deference, but only if they are made after a thorough investigation. The failure to pursue even a single piece of important evidence, however, may demonstrate ineffectiveness and prejudice sufficient to warrant a new trial.

Just how the Strickland test may apply to your case, or that of a loved one, is a complex analysis. Do not hesitate. There are time deadlines limiting when these claims can

be raised. If you wish to learn more about the process now, please call this office immediately.

Thursday, April 2, 2015

The State Post-Conviction Process. Part One - Where to Start:

In previous entries, we examined the "direct appeal" process. However, losing one's direct appeal does not mean all hope for overturning a conviction, or reducing a lengthy sentence, is lost. Instead, a defendant's case can often be re-opened and the fight for justice can continue, in the post-conviction process. In this entry, we will summarize aspects of that process as it exists in the state courts of Kansas and Missouri.

The state post-conviction process officially commences with the filing of a "motion," which is brief much like what was filed in the appellate courts, except that in this brief, rather than argue that the judge or prosecutor made errors, the defendant now argues that his or her conviction or sentence attached because of errors or omissions by the defense lawyer, leaving the defendant with less than adequate representation. In Kansas, post-conviction motions are governed by Kansas Statute 60-1507, and must be filed within a year of the defendant losing his or her direct appeal. In Missouri the motion must comply with Missouri Supreme Court Rule 29.15 (if there was a trial) or Rule 24.035 (if there was instead a guilty plea). Missouri's time deadlines are more complicated than that in Kansas, and shorter. Basically, the defendant must file his or her post-conviction motion within 180 days of being "delivered to the Department of Corrections." There are conviction or sentence attached because of errors or omissions by the defense lawyer, leaving the defendant with less than adequate representation. In Kansas, post-conviction motions are governed by Kansas Statute 60-1507, and must be filed within a year of the defendant losing his or her direct appeal. In Missouri the motion must comply with Missouri Supreme Court Rule 29.15 (if there was a trial) or Rule 24.035 (if there was instead a guilty plea). Missouri's time deadlines are more complicated than that in Kansas, and shorter. Basically, the defendant must file his or her post-conviction motion within 180 days of being "delivered to the Department of Corrections." There are many factors and exceptions at play in calculating a Missouri post-conviction filing deadline, too numerous to discuss here.

Just how a lawyer goes about deciding what to include in a post-conviction motion will be addressed in our next entry. But if you would prefer not to wait, and wish to learn more about the process now, please call this office immediately.

Wednesday, March 18, 2015

The "Direct Appeal" Process. Part Two - Appellate Briefs

In Part One earlier this month, the "direct appeal" process was defined and briefly - no pun intended - explained. In this entry, we will now focus on "direct appeal briefs."

At this level, your appellate attorney should first dissect your entire case to find any and all errors made by the judge or the prosecutor (from start to finish). Those errors must then be artfully explained in your “Appellant’s Brief” wherein your lawyer presents separately numbered arguments (called "Issues" in Kansas or "Points Relied On" in Missouri). Each argument should begin with a short sentence or paragraph identifying the premise, i.e., "Appellant Jones was denied a fair trial when the trial court refused his evidence that the prosecution's main witness has been using drugs for over ten years." The initial premise must then be followed by a concise statement of just those facts relevant to the premise. Then the argument, itself, follows. The argument features a combination of persuasive and rational propositions, each supported by citation to prior appellate decisions where previous courts have ruled in the manner being advocated by your lawyer.

There are no shortcuts to effective legal writing. Appellate advocacy like this is an art. And, it takes an inordinate amount of time, and much editing.

Sessions, to hone the brief into the best written work product espousing your position, arguing for your freedom!

Your appellate advocate must lodge legal arguments to convince the Court of Appeals (a panel of three judges) to send the case back to the trial level for a new trial, or in some cases, a lower sentence. If the first appeal is unsuccessful, then your lawyer should press forward to convince the state supreme court, or in federal cases, the United States Supreme Court, to accept transfer for another review.

At any point in the “direct appeal” process, if a panel of judges rules in your favor, the case is transferred back to the trial court for a new trial or new sentencing. However, if you do not prevail in the “direct appeal” phase, your case is far from over. The next level up on the pyramid is called “post-conviction,” and will be featured in our next entry.

In the meantime, when seeking an appellate or post-conviction attorney, do not be afraid to ask for a few writing samples. Take time to read the writing style used by your lawyer. Choose the lawyer whose writing seems to best reflect what you want to communicate about your case. After all, he or she will be your voice on paper and in the courtroom!

Thursday, March 5, 2015

The "Direct Appeal" Process. Part One - Overview:

Each state and the federal district court answers to a court of appeals which presides over the lower-level trial courts. All of these appellate courts implement similar processes to administer cases from filing through the final decision. Within a certain period of time after a final judgment is entered in the lower court, the litigants most always may file a "notice of appeal" which transfers the case up to an appellate court. In the weeks that follow, the party initiating the appeal (the "appellant") must see to it that the trial court's staff collect and deliver to the appellate court all relevant transcripts from hearings and the trial, along with pertinent supporting documents (which altogether is known as the "record on appeal"). Simultaneously, appellant's counsel should begin formulating the arguments that will persuade the appellate judges to either order a new trial or a new sentencing (or in rare instances, an outright dismissal of charges). Once the "record" of the case has been sent to the appellate court, it will issue a briefing schedule instructing the parties when to file their respective briefs (which contain their arguments).

In the next entry, we will discuss specific aspects of appellate briefs.

Wednesday, February 18, 2015

Demystifying the Court System. Part Two - The General Structure by Diagram:

In Part One of this Blog, we considered the organization of the trial courts, appellate courts and post-conviction courts which comprise the criminal justice system. When diagramed, it looks like this:

The Pyramid of Trial, Appellate and Post-Conviction Litigation

Justice – The Goal

/ "newly discovered" claims \

/ "federal habeas" for state inmates \

/ state and federal post-conviction & appeal \

/ Direct appeal courts – state and federal \

/ Trial courts \

In the next entry, we will closely examine the processes at work in the "direct appeal courts," which is where cases proceed if the defense loses at a trial.

Wednesday, February 4, 2015

Demystifying the Court System. Part One - The General Structure:

How is the criminal justice system organized? If you lose your trial, how many appeals do you really have? How many opportunities are there for you to assert your innocence, and argue for your freedom, or a reduced sentence? This series of articles will provide the general structure to the “legal system.”

The easiest way to conceptualize the system is to imagine a pyramid. The lowest level is the "base," representing your local state and federal trial courts (named either "district" or “circuit"). All cases start here, after charges are filed by the local authorities. You are then brought in front of a trial judge for determination of guilt, innocence (by trial or plea bargaining). Above the base is a level of appellate courts (a "Court of Appeals" beneath a "Supreme Court") comprised of multi-judge panels who review trial court rulings. And beyond the appellate courts is a level of "post-conviction" courts where a person convicted can seek one final review of his or her trial attorney's performance.

Wednesday, January 14, 2015

A DUI/ DWI Charge Actually Initiates Two Separate Cases Against the Driver, Often Taking Place in Separate Courts in the Kansas City Area. Part Two - The Administrative Case.

It is important to understand the administrative case potentially facing you.

Earlier we discussed the criminal case as it pertains to driving under the influence of alcohol or drugs in the Kansas City area. It is important to remember that whatever you think you know about DUI/DWI, a veteran Kansas City criminal attorney knows more.

Let us now address the administrative case. This is where the State division of motor vehicles attempts to suspend your driving privileges, i.e., take away your license for a specified period of time. It is often referred to as your "admin. hearing" by most lawyers. In that hearing, there is a fight over whether the officer who stopped your vehicle made all appropriate determinations leading to evidence indicating you were driving while under the influence of drugs or alcohol. While many lawyers focus on the "legality" of the officer's decision to pull your car over, the determination in these proceedings is instead whether observations and evidence support a conclusion of a drunken or altered state while operating the car. In other words, the focus is on the driver's condition, not on the driver's driving performance. Like with the criminal side of your DUI charge, the administrative penalties (the duration of a driving suspension) vary according to your prior record, i.e., driving history.

Jonathan Laurans wants you to be educated as to what you may be facing. If you or a loved one has been accused of a DUI or DWI in the greater Kansas City area do not hesitate. Visit his website at www.kansascitymoattorney.com and then pick up the phone and give him a call (816) 421-5200 for a FREE initial legal consultation.

Thursday, January 8, 2015

A DUI/ DWI Charge Actually Initiates Two Separate Cases Against the Driver, Often Taking Place in Separate Courts in the Kansas City Area. Part One - The Criminal Case:

First, there is the criminal case. Since driving under the influence of alcohol or drugs is a violation of state statute and/or city ordinance, either the county or city can arrest a suspected driver and issue a ticket or summons requiring the driver to appear in court and face charges.

The criminal penalties for DUI/ DWI are mostly dependent upon the driver’s history of alcohol-related infractions. Whether a driver should plead guilty with the assistance of an attorney negotiating a “plea bargain,” or instead challenge the charge at a trial, is dependent upon the evidence and the validity of the arresting officer’s initiation of the traffic stop and collection of information and evidence from the driver.

Only a skilled Kansas City area trial lawyer – one who not only knows all of the various defenses available to a driver, but who has also employed them in a courtroom, should be advising and handling your DUI/ DWI case. Look for a criminal defense lawyer who promises to not only investigate your charges, but who also discusses with you the legal research that must be conducted in order to properly strategize your defense.

Analysis of your case and potential defenses ought to be done in person. Never should you try to glean plans for your own specific case off of a website. So meet with an experienced criminal defense attorney immediately!

In the Kansas City area that man is Jonathan Laurans at www.kansascitymoattorney.com. Call him today for aggressive DUI/DWI representation at (816) 421-5200. Your situation is too important to trust to just any attorney.

Stay tuned for the next installment of "Part Two - The Administrative License Suspension Case".

Appeals & Post-Conviction