JennyMCa
02-27-2005, 04:04 PM
Is there a summary online someplace of how the appeals process works in Ohio that is in language someone without a law degree can comprehend? I would appreciate ideas from anyone on what to do next about this situation which is an absolute nightmare.
I am confused about my friend's situation right now. His first lawyer was a problem in many ways (and expensive and seems to have been somewhat dishonest from what I know now) Anyway...the guy somehow (accidentally on purpose maybe?) missed a key filing deadline in his appeals process right after the first appeal (the one that seems to be nearly automatic)
The first appeals decision was long and found some problems in the case and evidence but stopped short of reversing anything saying that though the evidence was "inflamatory"... "prejudicial"..."irrelevant"... and "troubling" because it had nothing to do with the case, nor was it indicative of any crime they would not send the case for a new hearing or remand the case for resentencing or do anything because it was "impossible to tell how the inclusion of the video tape had affected the judge and jury" (Basically a lot of crap meant to protect the judge and prosecutor)
Anyway, now they won't even look at any further evidence or arguments about the first appeal at either the appeals court level or the Supreme Court level, they all just point at the missed filing deadline as a basis for not doing anything more about this case.
Also does anyone know...does being ineligible because of a missed deadline in the state system make someone ineligible for a federal Supreme court appeal?
Have any of you ever even HEARD of someone's lawyer missing a key filing deadline in the appeals process. I am furious :blah: and feeling a little helpless at this point. It's like once a judge and prosecutor get away with a mistake, compounded by a lawyer who is either inept or dishonest it is next to impossible to get the next level to even look at the case, though it is completely obvious that something is wrong.
Is it me or is there something really REALLY wrong with all of this? I know my friend is being completely honest in what he's told me as I've read all the appeals court documents myself. I think it may be time to start writing to congressmen, state senators and media about this case, unless someone else here has a better idea. (?)
I am confused about my friend's situation right now. His first lawyer was a problem in many ways (and expensive and seems to have been somewhat dishonest from what I know now) Anyway...the guy somehow (accidentally on purpose maybe?) missed a key filing deadline in his appeals process right after the first appeal (the one that seems to be nearly automatic)
The first appeals decision was long and found some problems in the case and evidence but stopped short of reversing anything saying that though the evidence was "inflamatory"... "prejudicial"..."irrelevant"... and "troubling" because it had nothing to do with the case, nor was it indicative of any crime they would not send the case for a new hearing or remand the case for resentencing or do anything because it was "impossible to tell how the inclusion of the video tape had affected the judge and jury" (Basically a lot of crap meant to protect the judge and prosecutor)
Anyway, now they won't even look at any further evidence or arguments about the first appeal at either the appeals court level or the Supreme Court level, they all just point at the missed filing deadline as a basis for not doing anything more about this case.
Also does anyone know...does being ineligible because of a missed deadline in the state system make someone ineligible for a federal Supreme court appeal?
Have any of you ever even HEARD of someone's lawyer missing a key filing deadline in the appeals process. I am furious :blah: and feeling a little helpless at this point. It's like once a judge and prosecutor get away with a mistake, compounded by a lawyer who is either inept or dishonest it is next to impossible to get the next level to even look at the case, though it is completely obvious that something is wrong.
Is it me or is there something really REALLY wrong with all of this? I know my friend is being completely honest in what he's told me as I've read all the appeals court documents myself. I think it may be time to start writing to congressmen, state senators and media about this case, unless someone else here has a better idea. (?)