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Denied Right to Appeal Conviction Other Criminal Procedure

Discussion in 'Criminal Procedure, Criminal Court' started by Str8WM, Nov 20, 2023.

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  1. Str8WM

    Str8WM Law Topic Starter New Member

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    Jurisdiction:
    Wisconsin
    My appellate lawyer informed me that I have numerous legitimate issues to warrant withdrawal of my plea, however, because I insisted on raising ineffective assistance of counsel claim, this lawyer convinced the court that I am not mentally competent to raise issues on appeal. My trial lawyer was a state public defender who actually assisted the prosecutor in obtaining a conviction for a crime that had no factual basis and was inserted into the record just hours prior to my plea hearing in which I was led to believe that I would be pleading to a misdemeanor THC charge but was changed to a felony charge behind my back. This lawyer is now a court commissioner.

    This case originated after 2 of my neighbors conspired to set me up so they could steal my property when I was in jail, and informed the police that I was a major drug dealer and convicted felon who has lots of drugs and guns in my house. Police then falsely claimed in an affidavit of search warrant that I was a convicted felon; found baggy of pot stems in my trash can; obtained my trash from the trash collector; relied on credible informants. One of these credible neighbor informants was in my house when the raid went down and he tossed bags of meth and pills which I was charged for. This credible informant is later recorded in a phone conversation admitting to leaving his drugs in my house and was not happy that I was bailed out of jail.

    My lawyer refused to file any motions to suppress evidence or challenge the legality of the search warrant or conduct any kind of investigation. For 2 years I insisted on going to trial but he refused and even told me that the right to a speedy trial only belonged to those who are incarcerated and only advice was to accept a plea and refused to discuss any other options. I felt pressured into taking a plea and even stated this when entering my plea.

    The judge who accepted my plea was the same judge who signed the search warrant and same judge who denied me my right to appeal. I do have cognitive disorders but I am certainly not mentally incompetent. I am just a little slow at processing information and retaining information.

    This really bothers me and I feel helpless and hopeless and just want my rights restored and name cleared.
     
  2. Zigner

    Zigner Well-Known Member

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    You freely admitted to the charges against you.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    You could have said no.
     
    Zigner likes this.
  4. army judge

    army judge Super Moderator

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    The only way your want comes to fruition is if you seek and obtain a full pardon from your state's governor.
     

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