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criminal appeal procedure?

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K

kblowers

Guest
Could someone please answer the following questions, please?! Time is running out.......


State of Washington

I have two questions, (pertaining to Assigning Error to trial court proceedings/using a personal restraint petition)as follows......

1. Once SOME evidence of Self-Defense is brought up, who's job is it to make note of this? And then inform/instruct the jury of the States burden of proof? If defense council does nothing here, is it not the responsibility of the court to step in and do something? Keeping in mind that I was under the impression that my attorney was acting in my best interest and would support/present my theory of the case...(I was just trying to defend myself from the cops assault on me!!!)

2. Can you explain to me how to "Assign Error" on appeal(I plan to submit a Personal Restraint Petition in the appellate court) to errors made in the trial court?
Here's one example of something that occurred during trial that I'm not sure how to go about conveying to the Appellate Court "Assingning Error" to and making a link between this and How I was prejudiced by it:

In the Preliminary Matters, the prosecution made a motion in limine to preclude any testimony relevant to Self-Defense. However, (the charge being 3rd degree assault on officer) I was infact merely defending myself from the officers assault...
In addition, my trial attorney said my defense was General Denial--not Self-Defense!! I cannot see how this can be termed a 'trial tactic'? And, thus he did not object to the motion in limine, which the court granted.
Does this mean that the evidence of SD existing in the record makes no difference /has no effect??
In "Assigning Error", Does this fall under the "error" Ineffective Assistance of Council?

Hopefully you find that this has all been sensibly stated!
thank you
Please Help Soon!!! Thanks.....
 



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