Legal Question in Appeals and Writs in California

Re: Lancaster, CA.- ' woman held in shooting death, believed victim gave daughte

If you are convinced that you are going to change attorneys, then the first thing you might consider is getting your mother's authorization (a signed paper) to require the lawyer to give you his ENTIRE file. A letter is all that is needed and if you are now an adult, nobody else has to be involved. If you are not an adult, then a family friend who is could be considered.

This is a very, very simple thing, and I would be happy to send you the form. I do not practice criminal law, but I do know how to get a file from a former lawyer.

Re: Lancaster, CA.- ' woman held in shooting death, believed victim gave daughte

Thank you for your inquiry.

Let me begin by saying that I am sorry for what you have gone through and I am sorry that your mother has suffered inadequate legal representation.

Your message raises two categories of issues. The first category concerns whether a writ, or some other legal motion, can be filed to assist your mother in acquiring her freedom. If there was significant error at trial, ineffective assistance of counsel at the trial or on appeal, or if there is new evidence, she may have a good case to get her conviction overturned. Determining what can be done for her must be assessed by a very close examination of the trial transcript, the court file, trial counsel's file, whatever investigation has been done on the case, and the new evidence you have mentioned. A good post-conviction attorney will do this very thoroughly and WITHOUT excessive delay. Please call me directly at (415) 209-6332 and I will be happy to discuss this process with you and tell you about how I may be able to assist you.

The second category of issues concerns this attorney who appears to have taken your money and done nothing for your mother. You can be certain that a 3 year delay is itself a sign of neglect of your case. There is no excuse for this, especially if your mother has no idea why this delay has occurred.

Your mother may certainly have a claim for ineffective assistance of counsel against this attorney, and perhaps legal malpractice, but her focus should be less on suing him, and more on how to use his delay to her advantage so that any subsequent writ filed on her behalf by another attorney is not negatively affected by his failure to act. In other words, the real danger to your mother is that his failure to act in a timely manner may have a significant negative impact on whatever claims she has. New evidence does not stay new forever and there are very strict time limitations related to the filing of writs in federal court. The fact that this individual has not acted makes me very concerned that your mother's rights and ability to pursue a writ may have already been compromised.

Again, you may feel free to contact me directly at (415) 209-6332 and I will be more than happy to tell you about the process and how I may be able to help.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com

Re: Lancaster, CA.- ' woman held in shooting death, believed victim gave daughte

Let me express my condolences to you for this

travesty. The reply given by Mr. Shaw is excellent

but I believe that you should also file a complaint

with the California State Bar against the attorney

who took your $ and did nothing. I had the same

thing happen to a friend of mine, although it was

a white collar felony. You must be careful to know

something about the attorney before you give them

your case or your money or both. good luck!

Re: Lancaster, CA.- ' woman held in shooting death, believed victim gave daughte

The attorney who has delayed three years really has no excuse for taking so long. You and your mother should demand an immediate and full refund; if he refuses, then this is additional fuel for a complaint to the bar or a possible lawsuit against him.

Your mother may benefit from a Petition for a Writ of Habeas Corpus but, as others have noted, there is no way a lawyer can say whether this tactic would succeed without first reviewing the case in detail.

Do feel free to call me so we can discuss this further. I am in Los Angeles and may be able to help you.