The judge denied my motion on November 1 2007 (after nearly five years!). The good news is now I can go on to the next stage. I am in the process of writing my cousin now for the lawyer. I paid for my transcripts and should have them shortly. The judge said that I raised the issues before. However I raised the fact that my lawyer did not call in certain witnesses. I did not provide affadavits as to what these witnesses would have testified to - as required by law. This is why my previous appeals were denied.
This petition was the first time I presented affadavits so the judge was wrong in that aspect. She appointed me a lawyer named Laura Bausser. I talked to her already! She sounded optimistic on appeal and said she is willing to start working on my case. I told her to wait until I see what this lawyer is talking about. Now I will have my case decided by a three judge panel. Once this court rules I won't have to wait any further. I will be given a new trial.
In the meantime I can petition the governow because I have nothing pending in lower courts.
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2 comments:
I'm glad to hear the ball is finally rolling, H.D. Jones. It's been a long time coming, huh? I remember when I was incarcerated I had guy helping me out with a section 1983 civil suit that took me what seemed like forever to get going, but the ball is definitely rolling now, and I'm forever in his debt. I was just deposed by counsel for the defendants and I'm currently awaiting their motion for summary judgment. It's a lot of work litigating for yourself, but it has to be done, for your freedom, and hopefully your diligence has been repaid by being appointed a competent lawyer.
May God be with you H.D. Jones
I'm praying thatYou get out as soon as possible. You don't belong behind bars for something you didn't do. I have wrote the governors office for that reason.
I know your youth has been taken away for no reason. So i am seeing what else i can do to help you. I will always be in your corner, you know who I am. The letters has been sented out, sorry for taking so long to send them.
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