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Appeals & Post-Conviction
Wednesday, April 27, 2016
Monday, April 18, 2016
Nothing to see here, folks?
On February 29th, the United States Supreme Court in
Williams v. Pennsylvania, No. 15-5040 entertained oral arguments about
"judicial bias." Specifically,
the issue is whether Mr. Williams has a right to object to one particular judge
on the Pennsylvania Supreme Court presiding over his appeal of his death
sentence, where that judge was the elected county prosecutor at the time of
Williams' trial, who gave the go-ahead to pursue the death penalty against
Williams in the first instance. Oh, and
to those who might argue that the remaining judges on Pennsylvania's highest
court likely wouldn't be influenced by this one judge's lobbying or vote? Well, the former prosecutor is now the Chief
Justice of the Pennsylvania Supreme Court.
It is mind-numbing to me that the Chief Justice failed to
recuse himself the very second that Williams' case was accepted for highest
appellate review. No amount of time
passage between the Chief Justice's previous role as "prosecutor seeking
death" and his current role as "the head judge deciding whether death
ought to be imposed" can purge the taint which is obvious here. And yet it will apparently take the United
States Supreme Court to step in and cure this ethical "dilemma"? Sometimes it's shameful that a case so
obvious takes so long to resolve. Then
again, the United States Supreme Court may surprise me and rule that
"[t]here's nothing to see here, folks."
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.
Tuesday, April 5, 2016
The Right to an Effective Representation Includes Competent Appellate Advice
On Friday, March 25th, the Kansas Supreme Court in State v. Shelly, No. 109,292 and State v. Perry, 109,506 clarified that a defense lawyer's duty as adviser extends past trial/plea and sentencing, to that brief period after sentencing when the client must decide whether to file for appellate review in the Court of Appeals or in the Supreme Court. A lawyer does not fulfill his or her duty in this regard by simply telling the client (1) "appeals never work," or (2) "there's nothing here to appeal." Instead, these cases from the Kansas Supreme Court require defense attorneys to explain exactly what types of issues can or cannot be appealed from the client's trial/plea and/or sentencing, and why or why not an appeal ought to be filed. Only upon receiving informed advice and counseling will a client's initial decision to forego an appeal be held against the client who later files for an appeal beyond the initial deadline for doing so.
To me, this means two things: For potential Kansas clients, do not ever assume your case is closed. Instead, call this office or another experienced appellate/post-conviction attorney who can evaluate whether your appellate rights can be resuscitated. And for practicing Kansas attorneys, in instances where you believe that no appeal ought to be taken but the client is wavering or in disagreement, file the Notice of Appeal immediately (due within 14 days from the date the sentence is pronounced from the bench, as opposed to the later filing of the journal entry), and simultaneously file a motion to withdraw. That way, the client's right is exercised, but a new lawyer will be appointed to either dissuade the client, or pursue the appeal you had no interest in litigating.
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.
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