The State Appeals
As I was saying about after the trial. They first appointed me a Direct Appeal Attorney who was seeking the death penalty in a case he was prosecuting. I only found out by running into the man that he was retrying. So with the help of people here on Death Row I was able to get him off my Direct Appeal. Then they appointed me a lawyer out of Beaumont who had never done a capital appeal before. She did my direct appeal and raised 23 issues. The direct appeal is trial record based claims only. But due to her lack of experience I feel that there could or should have been many other things raised. She requested oral arguments. The state filed a response brief and requested oral arguments. Then she filed a supplemental brief and reply to brief for state. Oral arguments were held at the Texas Court of Criminal Appeals on December 9, 1998. As for my post conviction writ of Habeas Corpus. First the court appointed me a lawyer out of Beaumont who was coming here to see me with one of his associates. Several times they came up here and then the associate by himself and we discussed appeal strategy and stuff outside of the record. Then within a few months of them being on my appeal and after several meetings the associate quit the firm and started working for the District Attorney's Office, the same D.A. who sent me down here. So again with the help of the inmates here I was able to get that lawyer off my Habeas appeal. And also my direct appeal attorney filed a motion to disqualify the Jefferson County District Attorney's Office from handling my appeal, and it was denied. Then the court appointed me a lawyer out of Huntsville to do my habeas appeal. This lawyer told me that he had done a couple of appeals before, but he did nothing for me on my Habeas appeal. He raised only six issues, which was basically adopted from my direct appeal brief. This lawyer would not communicate with me on a regular basis and he did not do anything I had written him and asked him to do towards my appeal investigation. He did not contact anyone I asked him to. Basically no investigation was done on my case at all. No jurors were contacted or nothing. There was an investigator hired by him but due to lack of funds (which I wasn't notified of) the investigator abandoned the investigation. The one thing the investigator did secure was an affidavit from a ( ) saying about ( ) bragging about a murder he was involved in. This lawyer did absolutely nothing for me and has done his best to avoid me. I wrote him several times telling him things I needed him to file that he never did. I wrote him several times telling him I wanted him off my appeal. After I seen a copy of the brief he filed, he wrote me and sent me a motion to file myself to proceed pro se in my case, which there is no way I can, due to lack of knowledge in this field. (I have copies of all my communications to and from all of these lawyers.) I wrote to the trial judge and the Texas Court of Criminal Appeals about this lawyer and what he did to me and requesting another lawyer to re file a completed Habeas brief, but I have not received a response from any of them. (I have copies of all those letters also.) Then the state filed their response to the brief. And an evidentiary hearing was denied. Then he filed a Findings of Facts, Conclusions of Law, and Order of the Court. I haven't heard from anyone since. I have written to both of my attorneys and have not received a response from either one. As of today August 21, 1999 I have not heard anything further on my appeal status and all request for information I send out seems to be falling on deaf ears. I don't know what I can do or how from here?
This is a full account of my entire case history to the best of my recollection. This all being true and correct to the best of my knowledge! |
