My case is such a clear demonstration of what a joke the US justice system is. What a sad state of affairs...
The backstory: I was convicted of DV despite glaring perjured testimony and numerous errors by the state. The prosecutor lacked sufficient evidence to prosecute after I presented evidence contradicting the alleged victim's claims, and he in fact was willing to dismiss the DV charge as communicated by my attorney. However, since the victim complained and wanted me prosecuted no matter the cost, the spineless prosecutor (both my appointed trial counsel and appointed appellate counsel offered as much about my being prosecuted at all) didn't dismiss the charges and a trial ensued. I was found guilty by the judge based entirely on the premise that I was in violation of the protection order, which incidentally has nothing to do with domestic violence, and where the judge elaborated on her faulty legal reasoning in finding my guilt. My sentence was nothing--no jail, fines, costs, nothing. Interestingly, if I'd plead out, they wanted to give me 30 days in jail and fines, so I received less after losing trial...
Appeal and Post-conviction: I was appointed counsel on appeal. He put my case on the backburner and, after getting numerous extensions, did not even start to prepare my merit brief until maybe 2 or 3 days before its due date. We were initially in adequate contact about the case, and I expressly requested to be presented with his proposed merit brief well in advance of its filing, to ensure accuracy and that all pertinent errors were presented (which is authorized under the Model Rules of Professional Conduct), but he began ignoring my emails and phone calls, and when he would respond it was with vague, cursory excuses. After it became apparent that he was not giving my case due attention and that he was refusing to let me see the merit brief, I kept my cool and simply reiterated my request. His email responses and the later presentation of my client file show that he had no work product as of 4 days before my brief was due, and he again refused to produce anything to me for my consent and review. In fact, I stated that I did not authorize him to file said brief without my review and consent after it became apparent what was happening. Nearly 5 months and waited until a few days before to slap together what he called a merit brief. And there is sufficient material in the record to cause the reversal of the conviction if presented properly on appeal; any layman can simply read the trial transcript and conclude the victim's testimony was contradicted substantially and that she simply lied, among other things.
And so, he utterly botched my entire direct appeal. His brief was a joke, and I had no recourse to correct it. I filed a pro se motion to appoint new counsel (or to represent myself if they wouldn't appoint new counsel), attaching my emails to and from the attorney, and he later filed a motion to withdraw. The court never ruled on his motion to withdraw, and simply denied my motion. I was forced to file several other motions objecting to the appellate court's rulings, where I cited to controlling authorities and applicable statutes, but each time the appellate court denied with no explanation. My right to self-representation was violated by the appellate court, and otherwise I feel recusal was warranted since I pointed out numerous ways an adverse decision would undermine public confidence in the judiciary, and I cited to applicable cannons after it was clear the appellate court was ruling arbitrarily and contrary to law.
I timely filed in the Ohio Supreme Court and I'm preparing my Murnahan 26(B) Application for Reopening at this time. I'd like some opinions on how best to proceed. I have an attorney interested in representing me in a malpractice suit against the appellate attorney, and I'm considering filing a complaint with the bar or disciplinary counsel against him if it will help substantiate my claims and help in my getting relief for his actions and conduct. How can I address the appellate court's arbitrary decisions while I promptly brought everything to its attention which warranted the appointment of new counsel? The appellate court in effect approved of the attorney's ineffectiveness...a few years ago I litigated pro se in the same appellate court which granted me relief/reversed the trial court's judgment, so could this have anything to do with their behavior? I'm not allowed to win pro se again?
Can I raise errors the appellate court made in my 26(B), and direct arguments about that court to that same court, including it violating my right to self-representation? I've also filed a post-conviction petition with the municipal court, with new evidence further demonstrating perjury committed by the alleged victim, but it has been ignored in excess of 180 days. Any feedback is appreciated, but do keep your opinion to yourself if you have a judgment to pass on me or no objective feedback to present. I've been persecuted enough for being wrongfully convicted, again.
The backstory: I was convicted of DV despite glaring perjured testimony and numerous errors by the state. The prosecutor lacked sufficient evidence to prosecute after I presented evidence contradicting the alleged victim's claims, and he in fact was willing to dismiss the DV charge as communicated by my attorney. However, since the victim complained and wanted me prosecuted no matter the cost, the spineless prosecutor (both my appointed trial counsel and appointed appellate counsel offered as much about my being prosecuted at all) didn't dismiss the charges and a trial ensued. I was found guilty by the judge based entirely on the premise that I was in violation of the protection order, which incidentally has nothing to do with domestic violence, and where the judge elaborated on her faulty legal reasoning in finding my guilt. My sentence was nothing--no jail, fines, costs, nothing. Interestingly, if I'd plead out, they wanted to give me 30 days in jail and fines, so I received less after losing trial...
Appeal and Post-conviction: I was appointed counsel on appeal. He put my case on the backburner and, after getting numerous extensions, did not even start to prepare my merit brief until maybe 2 or 3 days before its due date. We were initially in adequate contact about the case, and I expressly requested to be presented with his proposed merit brief well in advance of its filing, to ensure accuracy and that all pertinent errors were presented (which is authorized under the Model Rules of Professional Conduct), but he began ignoring my emails and phone calls, and when he would respond it was with vague, cursory excuses. After it became apparent that he was not giving my case due attention and that he was refusing to let me see the merit brief, I kept my cool and simply reiterated my request. His email responses and the later presentation of my client file show that he had no work product as of 4 days before my brief was due, and he again refused to produce anything to me for my consent and review. In fact, I stated that I did not authorize him to file said brief without my review and consent after it became apparent what was happening. Nearly 5 months and waited until a few days before to slap together what he called a merit brief. And there is sufficient material in the record to cause the reversal of the conviction if presented properly on appeal; any layman can simply read the trial transcript and conclude the victim's testimony was contradicted substantially and that she simply lied, among other things.
And so, he utterly botched my entire direct appeal. His brief was a joke, and I had no recourse to correct it. I filed a pro se motion to appoint new counsel (or to represent myself if they wouldn't appoint new counsel), attaching my emails to and from the attorney, and he later filed a motion to withdraw. The court never ruled on his motion to withdraw, and simply denied my motion. I was forced to file several other motions objecting to the appellate court's rulings, where I cited to controlling authorities and applicable statutes, but each time the appellate court denied with no explanation. My right to self-representation was violated by the appellate court, and otherwise I feel recusal was warranted since I pointed out numerous ways an adverse decision would undermine public confidence in the judiciary, and I cited to applicable cannons after it was clear the appellate court was ruling arbitrarily and contrary to law.
I timely filed in the Ohio Supreme Court and I'm preparing my Murnahan 26(B) Application for Reopening at this time. I'd like some opinions on how best to proceed. I have an attorney interested in representing me in a malpractice suit against the appellate attorney, and I'm considering filing a complaint with the bar or disciplinary counsel against him if it will help substantiate my claims and help in my getting relief for his actions and conduct. How can I address the appellate court's arbitrary decisions while I promptly brought everything to its attention which warranted the appointment of new counsel? The appellate court in effect approved of the attorney's ineffectiveness...a few years ago I litigated pro se in the same appellate court which granted me relief/reversed the trial court's judgment, so could this have anything to do with their behavior? I'm not allowed to win pro se again?
Can I raise errors the appellate court made in my 26(B), and direct arguments about that court to that same court, including it violating my right to self-representation? I've also filed a post-conviction petition with the municipal court, with new evidence further demonstrating perjury committed by the alleged victim, but it has been ignored in excess of 180 days. Any feedback is appreciated, but do keep your opinion to yourself if you have a judgment to pass on me or no objective feedback to present. I've been persecuted enough for being wrongfully convicted, again.
Post-Conviction Relief: Substantial Prejudice by Appellate Court; How to Proceed on Appeal Pro Se Afterward
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