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my sons ca appeal papers lost by a jailer? the attorney?

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T

t42b424t

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My son was sentenced in April of this year. He asked his court appointed attorney for the papers he would need to appeal at that time. The attorney took the papers to the county jail that same evening as he had to talk to someone else about his case anyway. The attorney gave the papers to a jailer to give to my son so he could sign them and get them back to him. The jailer waited while my son signed the papers and then took them from him. -We had been told it could take up to a year to hear anything so we didn't think much about it as the months started passing by. -A couple of weeks ago I was planning a trip to see my son in prison so I called the attorney to see if he had heard anything. He had me call the Appeals court -they had nothing on their comp. system. I called the county courthouse -they didn't have anything. Hopefully when we figure out which jailer it was that took the papers back from my son she will be able to shed some light on what happened. The attorney said he never got them back. -Anyway, the time limit to get the papers filed, etc. has long gone. -I was told that because my son had asked the attorney for the papers, he should have questioned my son about them before the time period was up. Wouldn't it be the attorneys responsibility to find a way my son could still appeal? As far as my son knew he was just waiting for a court date.(California) Thanks for any help!

[This message has been edited by t42b424t (edited November 06, 2000).]
 



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