Prison Pete

Saturday, May 13, 2006
  Prison Pete School of Paralegal Studies.
Congratulations, you have passed the first lesson in the Prison Pete School of Paralegal Studies. The letter to the court you mailed for me has netted results. Alas the result was the denial of the requested Certificate of Appealability, but that was expected. Now I can file the request with the Court of Appeals to issue the certificate. If they agree, I still would need to have them issue a reversal.

The issue I am arguing that my plea bargain was not any real bargain. One of the other inmates here has shown me a successful ineffective counsel case in the same court. The issue in this new case is that the defendant's lawyer failed to properly research the criminal background before the plea bargain and had he done so the plea deal would have been a lower one since one of the convictions listed was more actually a lesser charge than was printed on the sheet. In my case my point is that one the deal was not such a great deal, and had my attorney properly acted on the possible double punishment before the plea bargain I would not have faced any time in New York.

I have thirty days to submit the denial to the Court of Appeals, and am not sure if I need to have the motion done in that time or can wait for the court to give me the twenty day warning? In any case I will need to start drafting up some paperwork now!
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