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  1. #1
    Join Date
    Mar 2012
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    Question How to Appeal a Criminal Conviction, Shooting Case

    My question involves criminal law for the state of: Washington. First I want to give you a run down of the case. It started with a phone conversation between two male individuals who agreed to meet and fight. They first met at a grocery store and nothing happened. Two males from 1 group were in a vehicle and drove off. The group who had 3 individuals followed. They were in front of a motel when one of the individuals from the group of 3 pulled out a gun and shot one of the males in the arm in the group of two. Cops had been called and the 3 males fled the scene. Police arrive and a couple of minutes later the K-9unit arrives. They locate the scent of the suspects from the location they had been standing last and began to follow the scent. One of the males seen the K-9 approaching and came out of hiding and identified himself. At which point the police detained him the K-9 continued to follow the scent. In the same area the subject had been hiding they found a gun, hooded sweatshirt and a belt. The K-9 continued to pick up a scent that led across the river and up the side of a hill and lost it. They drove the subject to the station for questioning and after arriving the subject informed the detective that he had been drinking and using drugs. They held him for 8 hours until the suspect agreed to call one of the two other males that was also at the scene of the crime. He called that male was told to identify the shooter and said it was the person that they already had in custody. That male also agreed to call the last male of the group and he too was also asked to identify the shooter and his response was the same. The detectives went back to the male they first picked up and was given his Miranda rights and voluntarily gave a confession. Back at the scene of the crime the individual that had been shot was asked if he could identify his attacker and he said it was a short caucasian male. A witness that was there with him when he was shot also stated that both white males had their arms raised but couldn't tell which one was shooting and that the black male had crouched down and was holding his ears. So the case goes to trial and the prosecutor says that the individual would not have been able to identify his attacker because he was in a distressed state of mind. I did some research and read that every individual is in control of their own state of minds. True yes or no. So the victim would have been able to identify his attacker and if what the prosecture said is true why would they even ask the victim if he could identify his attacker if he was believed to be in a distressed state. Now back to the individaul who confessed. How reliable is his confession if he was under the influence and would they need evidence to back that confession up. There was no forensics done for the case. No fingerprints no gunshot powder residue nothing. And if the K-9 picked up the scent that continued across the river and up the hill how is it that when the first male jumped out of the bushes and was never identified by the K-9 as one of the males they had been looking for. He made himself known by jumping out and telling them who he was. The man convicted of first degree attempted murder,first degree assault, two counts of second degree assault, possession of a stolen firearm and unlawful possession of a firearm was given 432 months in prison. For short 39 years. He filled his first appeal and it was denied and now he wants to file his second appeal and needs my help. I need the questions I aksed above answered and need someone to help me with the appeal. What information I need how to format it basically walk me through it step by step. Thanks

  2. #2
    Join Date
    Jan 2012
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    Tacoma, WA
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    Default Re: How Could You Determine if

    Quote Quoting rckstr151
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    I need the questions I aksed above answered and need someone to help me with the appeal. What information I need how to format it basically walk me through it step by step. Thanks
    Nobody here can give you that education in a forum post. What you are asking for is a law degree and that has to be acquired through an accredited educational program. I hear Harvard is good. You will need to maser high school English first, however.

    Seriously, though, this person has been convicted in court (presumably while represented by competent council) and was denied an appeal (again, presumably presented by competent council). So, now you are coming to a public forum of predominantly non-attorney posters for information upon which to base a second appeal request??? Lots of luck to ya!

    The victim’s inability to positively identify his assailant was obviously already brought up in the initial trial. The jury found the defendant guilty anyway. No grounds for appeal there.

    Any confession, whether there is a question of impairment due to alcohol and/or drugs or not, requires evidence to back it up. The trial defense attorney would have been seriously incompetent if he/she had overlooked a lack of corroborating evidence…for instance, corroborating evidence like the defendant found hiding in the immediate area, near the gun used in the assault, near clothing worn by the shooter, and two accomplices giving corroborating statements. No grounds for appeal there.

    The K9 continued on the track after the defendant was apprehended because there were 2 other people involved and the K9 was doing what he/she is trained to do. You cannot say that the K9 “never identified” the defendant just because he/she didn’t run up and bite him. The defendant gave himself up so the K9 handler instructed the K9 to continue the track. That simple. No grounds for appeal there.

  3. #3
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    Apr 2009
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    Somewhere near Canada
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    27,297

    Default Re: How Could You Determine if

    Quote Quoting PTPD22
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    Nobody here can give you that education in a forum post. What you are asking for is a law degree and that has to be acquired through an accredited educational program. I hear Harvard is good. You will need to maser high school English first, however.

    Seriously, though, this person has been convicted in court (presumably while represented by competent council) and was denied an appeal (again, presumably presented by competent council). So, now you are coming to a public forum of predominantly non-attorney posters for information upon which to base a second appeal request??? Lots of luck to ya!

    The victim’s inability to positively identify his assailant was obviously already brought up in the initial trial. The jury found the defendant guilty anyway. No grounds for appeal there.

    Any confession, whether there is a question of impairment due to alcohol and/or drugs or not, requires evidence to back it up. The trial defense attorney would have been seriously incompetent if he/she had overlooked a lack of corroborating evidence…for instance, corroborating evidence like the defendant found hiding in the immediate area, near the gun used in the assault, near clothing worn by the shooter, and two accomplices giving corroborating statements. No grounds for appeal there.

    The K9 continued on the track after the defendant was apprehended because there were 2 other people involved and the K9 was doing what he/she is trained to do. You cannot say that the K9 “never identified” the defendant just because he/she didn’t run up and bite him. The defendant gave himself up so the K9 handler instructed the K9 to continue the track. That simple. No grounds for appeal there.
    "Maser"?

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  4. #4
    Join Date
    Sep 2011
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    OH10
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    Default Re: How to Appeal a Criminal Conviction, Shooting Case

    This sounds like a law student.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
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  5. #5
    Join Date
    Jan 2012
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    Tacoma, WA
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    Default Re: How Could You Determine if

    Lol. Oops. Ya got me.

  6. #6
    Join Date
    Jan 2006
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    27,782

    Default Re: How Could You Determine if

    sounds like a poorly written school question to me.

    The description of the dog tracking is just unrealistic. It doesn't happen like you described.


    Now back to the individaul who confessed. How reliable is his confession if he was under the influence and would they need evidence to back that confession up.
    a confession it generally considered to be very reliable. Most people aren't dumb enough to admit to a crime if they really didn't do it. On top of that, there are two witnesses against him (his friends) which is a common means to incriminate a particular person barring any other evidence.

    the fact he confessed to the crime yet still demanded a trial sounds like a foolish move. He should have been working for a plea bargain once he confessed but even that would be difficult since he had confessed to everything so the prosecutors job was pretty much done for him.


    an appeal is not meant to allow new evidence in if it was available at the time of the first trial. An appeal is intended to correct errors in the first trial as well as allow newly available evidence if it is compelling and if it was not available in the first trial (think: DNA. Many people were convicted before DNA testing was widely available and some have subsequently been cleared using that new evidence.)


    the only possibility of an appeal I can see is a claim of ineffective counsel. Based on what you have presented, his lawyer did a very poor job, maybe to the point of being incompetent.

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