Legal Question in Appeals and Writs in West Virginia

Criminal Appeal

I was just found guilty on 3 counts of bankruptcy fraud. I worked hard to get all the proof I needed but the key pieces of evidence against my bankruptcy attorney. It ends up that my criminal & BK attorney were friends. No matter how much I insisted on using it I was just told we don't need it but it was 3 different things that had been changed, forged & filed to cover the bk attorneys butt after the bankruptcy & I know all of that evidence was crucial for my defense. Also, during the trial, we were down to finishing my cross by the prosecutor when my attorney had a family crises that postponed the trial for over a week. During this time the prosecutor dug up really bad things from my past. This was very damaging for the jury to hear. Then 2 jurors were excused which left us with 11. We agreed to continue but before we resumed we tried to withdraw our agreement & the judge denied it. I hear appeals are tough to get but I was wondering if it sounds like I have grounds for an appeal?


Asked on 4/17/09, 7:57 am

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Criminal Appeal

Without reviewing the entire record, it is difficult to say whether there was reversible error in the trial. Did you testify? Was the decision to proceed with fewer than 12 jurors discussed with you and did you agree with the decision? How and why did you try to withdraw your previous consent to proceeding with only eleven jurors? What exactly is the relationship between the prosecutor and your lawyer - if they merely know each other and are on good terms, I do not think you have an issue there. When and how did you find out about their relationship?

Federal appeals are, in general, difficult to win if the appellant is a just-convicted criminal defendant. If you decide to go further, be sure that an experienced federal criminal lawyer reviews the trial and related proceedings. Make sure you know when the deadlines are.

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Answered on 4/17/09, 1:02 pm


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