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right to an attorny

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steffyddbb

Junior Member
What is the name of your state (only U.S. law)? Minnesota
Can you ask for a new public defender if the one you have is not defending you at all. Totally screwing me over in everyway. Major conflicts are involved and so many rights have been violated that I just don't even know where to start. Never got to confront or question the lead wittness against me in court, but my attorny was also his attorny several times, confessions were used as evidence, that were never made, I was told I could't read. I got yelled at for asking questions and asking for help.

Can this felony conviction be overturned? Or can I review my case and get help with some of the legal questions I have about my case?
 


BOR

Senior Member
If you were convicted and claim ineffective assistance of counsel, argue that point ON appeal.
 

latigo

Senior Member
If you were convicted and claim ineffective assistance of counsel, argue that point ON appeal.
I certainly don't mean to suggest that the appeal should not be aggressively pursued, yet I’m curious as to how the defendant could adequately assert the alleged deprivation of his 6th and 14th Amendment rights on an appeal from the conviction UNLESS the inadequacy of his defense was patent from the record?

A record which certainly would not reflect the OP's claim of a conflict of interest involving counsel and the complaining witness!

Not to mention the “adequacy” of his representation on the appeal by the same public defender's office.

The issue of an impermissible denial of those constitutional rights is normally examined by de novo review following a petition for writ of habeas corpus. Which, should the conviction stand, the defendant could lodge collaterally.
 

BOR

Senior Member
The issue of an impermissible denial of those constitutional rights is normally examined by de novo review following a petition for writ of habeas corpus. Which, should the conviction stand, the defendant could lodge collaterally.
Petition for a HC writ??

Are you talking a 2254 one?

ALL state remedies MUST be exhausted first for the feds to entertain one IF the person is still held in custody,

State HC petition. Not here, as a conviction is appealed, not subject to HC.
 

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