Legal Question in Criminal Law in Ohio

The appeals process and court appointed attorney's

I have a friend incarcarrated for a crime of manslaughter and the evidence was shoddy at best and very circumstantial. He has requested if possible I assist him with acquiring his court records and documentation and any way around his court appointed attorney who is less than forthcoming on keeping in touch with him on the appeals process and if that is proceeding at all. I am just a ''bystander'' friend but I do want to help because I believe my friend is innocent of this particular aspect of the crimes he has been charged with and find it suspect that his court appointed attorney would assure him that his case should be turned over on appeal and yet he has not heard from the court appointed attorney in 18 months not by mail, phone, or visit. Is a court appointed attorney all that much different from a paid attorney in that they need not respond to the person whom they are representing in a fastidous manner? I have no idea what to expect from the length in time it takes to prepare and file such with a court. Can you assist me in any helpful direction on how to assist my friend. He also has no viable means to hire a new attorney for himself, is their any service that can help an inmate free of charge or with very little charge?


Asked on 10/20/05, 5:28 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: The appeals process and court appointed attorney's

The attorney's duty is the same whether he is paid by the Court or paid by the client. Appeals often take a lot of time that is beyond the control of the attorney. Your friend's best bet is to write to the attorney with specific questions. The letter should be very polite and not accuse the attorney of anything -- just want to know the facts of what is going on.

The appointed counsel is only allowed to tell you about those things that are "public record." This may make it difficult for him to talk with you about specific issues in the case, however, he should be able to tell you things like whether the briefs have been filed, has oral argument occurred, etc.

I do a lot of appeals work and often find that the client is upset about delays that I cannot control. Once I tell the client what is going on, however, the client usually understands. It sounds to me like you and/or your friend need better communication with the attorney on the case.

Good luck in your appeal.

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Answered on 10/20/05, 5:35 pm


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