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Prison Pete

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Wednesday, May 17, 2006
  The Dream is Alive.
I did go to sick call on Friday and picked up some decongestants as the nose has begun to clear up again decongestants seem to have some efficacy.

I spent a couple hours in the law library last night and am scheduled to go back up there tonight. I found another recent case where the federal court ruled that a New York inmate did receive ineffective assistance of counsel and in my humble opinion the harm is less than I am alleging.

It is both frustrating and exciting at the same time when you do legal research as you know even when you think you find a case that helps prove your point, the courts still can ignore it. That is just one of the reasons my emotions have been on the roller coaster, ups and downs lately.

I did send a letter to the U.S. Court of Appeals telling them I received the denial. I did not send them a copy assuming they could easily access it in their electronic filing system. I am assuming that they will then send me a letter telling me I have the twenty days to send in the motion for the request for the certificate of appealability. I hope they do not use the old one since I have been able to find some of these new cases.

One would think that the court would be bound to use their own opinions when making new decisions, but it is still mostly up to each party to do the research to say, hey wait a minute you let this guy get help and my case is like his.

Well if nothing else it will hopefully make for an interesting book once I get out. I wonder if I would ever be able to get a publisher to offer me an advance so that it would qualify me as being employed.

If the miracle occurs and I am released from my New York State sentence, I still have three years of "Supervised Release" with the feds to do. I could try to get credit for this time I served in NY but then again do not want to be too aggressive.

Well that is the dream outcome. Needless to say I am certainly not holding my breath but it still is making me quite unsteady emotion wise.

The only letters I did get this past week were the one I mentioned from my parents and yours. Since I have little social interaction here without word from the outside my life is pretty much mundane.
 
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