Court Appointed Attorney Refuses to assist

[Peo Se 123]

What is the name of your state? PA.
What is the name of your state? PA
After much effort and time I finally got a judge to appoint council for me for my appeal. This is very important to me and I have enough evidence to win my appeal. The lawyer called me and informed me that she is not working on my appeal at all, but will send a letter to the Superior Court stating that my appeal is frivolous. This is before she spoke to me at all about it. I went through all the legal channels to attain representation and was faced with many obstacles but after pursuing this diligently I finally was appointed a lawyer. She is being very ignorant and won’t even speak with me. She claims my appeal is frivolous but hasn't taken the time to look at my case other than the docketing info. She says she will send notice to Superior Court that she will not work on my appeal.Can someone tell me please, Is anything that I can do, legally? What she is doing is very, very wrong and will hurt my chances of winning this appeal very much. But more than that, I need a lawyer and now I don’t feel as though she will be helpful to me, even if I find a way to have her work on my appeal. I feel she will be prejudice and hurt my case more than help it. Can someone please help me? Will someone please tell me what I can do? Please. Time is of the essence. Thank You.

 

[Son of Slam]

I have enough evidence to win my appeal. ...Is anything that I can do, legally? ... I need a lawyer and now ...Can someone please help me? Will someone please tell me what I can do? Please. .....

Hire an attorney or defend yourself. Duh!

 

[DogToenails]

Why don't you share the premise of your appeal and let some professionals here decide if its frivilous. Did it occur to you that she may be right?

 

[Peo Se 123]

Did it occur to me she might be right?

Dogtoenails:
Thanks for your responce, The answer is Yes it occured to me that she might be right. That's why I listened to what she had to say and am still finding out what the truth is. In PA. There are only certain subjects or points of appeal that the superior court will rule on. Or so I understand. If this is true, then I need to find out about the Post Conviction Releif Act and what it is? The court appointed Attorney claims that I can't appeal certain violations of law etc, on my first appeal but that I can only appeal what is entered into the record ie: Docketing statments and court transcripts. None of this was I aware of, but none the less I do have an appealable vilation within this aspect of my case. Is anyone aware of the appeal procedure in PA? Can anyone point me to a web site that explains the PCRA law for appeals in PA and the first direct appeal to Superior Court? Please Do Respond, I need your help. Thank You.

 

[stephenk]

is your appeal that you are not guilty of what you were convicted of or are you appealing procedural points that have nothing to do with guilt or innocence?

 

[JETX]

"After much effort and time I finally got a judge to appoint council for me for my appeal."
*** It is unusual for an appellant to get a public (taxpayer provided) attorney. Did you file 'in forma pauperis'?? Are you sure that this attorney was assigned to assist your case, or was he/she asked to review it for merit??

"This is very important to me and I have enough evidence to win my appeal."
*** What is the basis of your appeal?? Believe it or not, evidence alone doesn't determine the rights or success of an appeal.

"The lawyer called me and informed me that she is not working on my appeal at all, but will send a letter to the Superior Court stating that my appeal is frivolous. This is before she spoke to me at all about it. I went through all the legal channels to attain representation and was faced with many obstacles but after pursuing this diligently I finally was appointed a lawyer."
*** See above.

"She is being very ignorant and won’t even speak with me. She claims my appeal is frivolous but hasn't taken the time to look at my case other than the docketing info."
*** How do you know that?? At the very least she has reviewed the case file and, assuming you have already filed some documents on your 'appeal', she would have read those also. It would not be unreasonable for her to determine the merit of your claim(s) simply by reviewing the documents.

"She says she will send notice to Superior Court that she will not work on my appeal."
*** Okay.

"Can someone tell me please, Is anything that I can do, legally?"
*** No one on this forum can answer you with any accuracy, since it is not clear what your basis for appeal is, much less whether it is valid.

"What she is doing is very, very wrong and will hurt my chances of winning this appeal very much."
*** Only if you have a basis for appeal in the first place. If you have no basis, her statements will not affect the court.

"But more than that, I need a lawyer and now I don’t feel as though she will be helpful to me, even if I find a way to have her work on my appeal. I feel she will be prejudice and hurt my case more than help it. Can someone please help me? Will someone please tell me what I can do? Please. Time is of the essence. Thank You."
*** Unless there is a PA attorney on the forum (and there isn't), there really isn't anything that the forum can do for you. Any legal services you would require would need to be local.

 

[Peo Se 123]

What appeal is based on.

Stevek: After I filed a motion to withdrwaw a guilty plea, it took the court three years to call my case to court. I am appealling this on the basis of Due Process violation and or speedy trial violation. While it is true that I did sign a waiver of the
within 90 day sentencing rule, I don't believe that the law intended the time period to be ongoing and open ended.
There is a law that states that after the judge orders a phychological examination for the purpose of sentencing, that the court must resume no later than 120 days. Maybe you have some advice as to what or how I should appeal this?

The other issue is that there was a warrantless search without probable cause that led to me being arrested. My former lawyer
never challenged the issue of propable cause, if he had, any evidence would have been supressed. I realize that by pleading guilty I gave up my right to question this directly but the guilty plea was entered into without proper knowledge of the ramifications ie what they were in relation to filing a motion to withdraw a guity plea after sentencing. Does this answer your question?

 

[JETX]