We are going to court soon and I have some questions..we are appealing but stephen had signed qa waiver of his right to appeal with his plea (the court appointed lawyer said this was standard procedure....I dont think so!) So I am wondering when having a hearing like this to decide if we get a new trial is it supposed to be infront of the same judge?? I would think she would be a little biased seeing that she would be judging on her own decisions - but I am told that is who we are going before...??...also is it common to be able to go back after the fact and have a sentence reduced or restructured? We are trying to get his two concurrent 2 year sentences to be changed to 1 year in a retitution center....and one last one- does having 5 kids and being the sole provider have any weight in this? I just want to have a heads up this time ( i went along with the other lawyer and feel we were railroaded by her) so any info you guys have I would appreciate..I want him to know I am up on things and be able to suggest alternatives....thanks guys!

THE WAVIER IS STANDARD IN FIRST CASES BUT I AM NOT SURE ABOUT AN APPEALS CASE. I WOULD CALL AND ASK AN ATTORNEY BUT NOT YOURS. JUST ASK THEM FOR AN ANSWER TO A GENERAL QUESTIONS AND ASK THEM IF THAT IS NORMAL.. AGAIN ABOUT THE JUDGE I WOULD ALSO AGREE THAT IT WOULD BE BIAS AND A CHANGE OF VENUE WOULD HAVE BEEN BETTER BUT I AM NOT AN ATTORNEY.. CALL AND FIND OUT WHAT THEY WILL TELL YOU.. IT CAN NOT HURT AMELIA

WHATEVER HAPPENED WITH HIS APPEAL AMELIA?

When you sign your right to appeal away, one is making life very difficult for one's self to re-enter court. My guess is that the attorney pressured him to sign such a waiver. Try to change his mind if you can. If not, the door can be opend by filing a habeas corpus [State<>28 U.S.C. 2254 Fed.<>28 U.S.C. 2255] starting with your opening argument "Ineffective Assistance of Counsel." After the "Memorandum of Law" is completed with this 1st step, then go into all your arguments. Please keep in mind that there is a one (1) year time frame to do this. After that he will have to do a certificate of appeal, which is very seldem granted. If the sentence is only two years, by the time the court gets around to hearing it he'll be out. Sorry, wish I had better new for you. Talk him out of the waiver is his best shot.