I had contacted my finacee's attorney several weeks ago and she had told me she had filed an appeal on his sentence. I have tried NUMEROUS times to get a hold of her again, but all I get is her voice mail. When she's not in the PD's office, they inform me she is not there, and ask if I want her voice mail or not. So I KNOW she is in the office when they just transfer me. :blah: She told me 3 weeks ago she was going to call him and let him know what is going on, but she hasn't. Is there any way I can find out if she has actually done any of this? And what do I do if she hasn't?

Not sure about Nebraska but my man found out by receiving Legal Mail from his attorney that he was filing certain motions. Also I saw some notes in the Clerk of Court Minutes online. Not sure if your state will give you access to this online info. If you don't hear anything I would just continue to call the Lawyer's office or better yet, just show up there unannouced I have had to do this before and got better results and got my answers. Good luck to you and yours..

Kellie

I just did a google for the minutes and found nothing? He is in Colorado. Unfortunately my car is a POS and his lawyer is 4 hours from where I live :( because I have thought about just dropping in. He has had no contact with her since he was sentenced. I did manage to get through once to her, and she said she had filed something in regards to his sentence, and she would give him a call....nothing. I'm just getting real frustrated with this lady because I have left a message on her voice mail almost every day for the last week and a half. Is there someone else I can call to find out if any of this has been done? She wasn't real specific with me on what she did exactly, only that she had filed an appeal on his sentence?

I pm'd you because it is such a long story..:D

Kellie

are you referring to an appeal of the sentence? You should be able to call the Clerk of the court and ask if anything has been filed since the date of b/f sentencing. Also find out if the docket is online and how to access it. However if you are referring to a trial appeal I don't know the process in Colorado, It might go to a judge or it might go to an appellate court. (you could check the Colorado forum on this board.)

If your B/f hasn't signed a power of attorney, legally the PD shouldn't discuss his case in any detail with you. Also, it is pretty typical that lawyers don't have any significant contact with the client after sentencing. Their attitude is "next case". Also, are you sure that the facility he is in allows calls in?

Finally I think google usually has final information about federal appeals after the process is finished. I haven't seen much info about state issues and never about reconsideration of sentencing unless it is on a web site for the individual. You will be better off trying to get info from the court of record. If they won't give you the info over the phone, you can go there and pull the file. It is public record and you can see for yourself what activity has occurred since the sentencing. Brenda


I just did a google for the minutes and found nothing? He is in Colorado. Unfortunately my car is a POS and his lawyer is 4 hours from where I live :( because I have thought about just dropping in. He has had no contact with her since he was sentenced. I did manage to get through once to her, and she said she had filed something in regards to his sentence, and she would give him a call....nothing. I'm just getting real frustrated with this lady because I have left a message on her voice mail almost every day for the last week and a half. Is there someone else I can call to find out if any of this has been done? She wasn't real specific with me on what she did exactly, only that she had filed an appeal on his sentence?

I did end up calling the clerk of the district court and she gave me the info I was looking for. She was kind enough to take down my address and phone number and is going to inform me if he gets another sentencing or not too :thumbsup: Thank you all!

That's great! Glad you could make progress, even if the PD is MIA. Brenda

QUOTE=Amy1970]I did end up calling the clerk of the district court and she gave me the info I was looking for. She was kind enough to take down my address and phone number and is going to inform me if he gets another sentencing or not too :thumbsup: Thank you all![/QUOTE]

OMG....As I read the original post in this thread, I was wondering if Amy was connected to my friend, I had exactly the same issue going on, and when I contacted the court clerk, the appeal notice was not in the computer and, when the very nice lady went to find the hard copy of the case file.....it was missing......two weeks and a million phone calls later, the appeal notice HAS been properly filed and is now in the state database, but Dear God, what a nightmare! We had only 22 business days left in which that notice could be filed, and my friend has been in the dark all this time, I do not know if he's yet recieved the letters from me or another friend telling him that the paperwork is on track (He's in reception, no phone access)... If the trial is over, you must keep on top of everything, especially if your loved one was represented by a PD....stuff falls through the cracks so easily and it's a hard road to make the people who are doing the filing and forwarding care about one single case.

http://appellatecases.courtinfo.ca.gov/index.html

You can search a California Appellate Case by Petitioner Name, Case Number, Docket Number or Attorney Name...What a GREAT resource!

If the attorney is doing his/her job, he/she should have sent the inmate copies of all motions filed! The attorney who told you that she'd call the inmate is not telling the truth. She can't call a prison and speak on the phone with an inmate. She has to go there in person to visit him!
Do you have Power of Attorney to get info from the attorney or anyone else? If not, the inmate should write to the attorney to ask his questions and should try calling her collect. If no reply, can he get a different attorney??? I don't know how he'd do that but perhaps someone else might know the procedure.