ineffective assistance of counsel

D

Dirk Fishback

Guest
Jurisdiction
Iowa
I was appointed an attorney in a harrassment charge. The attorney did not enter any of my evidence in the case. The charge stemed from a voicemail message left on an officers voicemail which the dispatcher transfrred the call to the officers voicemail. The dispatcher was issued a supeana to appear at trial. The dispatcher did not show for trial so my attorney just asked to use the dispatchers deposition in place of him testifying in court. After being found guilty I requested a motion for new trial be filed. The attorney filed a motion for new trial with his motion to enlarge and amend. But his motion for new trial was not supported by any law. Just a motion for new trial, nothing to support the motion. He filed his withdraw at the same time which was granted and no representation was appointed after the court granted his withdraw leaving me to contiue to sentencing unrepresented. The attorney filed 6 continuences in the case. The appeals court ruled I was not entitled to appointed counsel for the purpose of a delay tatic, referrencing all the contiuences filed in my case. Which were all for the reason my attorney had court in other counties at the same time of my hearings. None of the contiuences were because of me. When I received his case file and client ledger I see I was billed for 3 hrs on the day before trial for what the attorney states, meeting with witnesses, I had no witnesses in my case. All witnesses were the states witnesses. The attorney during trial makes the statement he was not my first attorney appointed in this matter. Which was a false statement. But used against me in my appeal when the appeals court says I was requestring multipal attorneys and causing delays to disrupt the court. Then the only thing objected to at trial was the entering of the evidence, the recording which was a duplicate recording even though they stated they had the original. Which the court granted my motion to have it analyzed by an expert. The state would not provide the original recording to be analyzed. There is more to this but to much to type. Would these issues so far justify for ineffective assistance of counsel. Also the appeals attorney appointed to me did not even use the issue that was preserved for the purpose of appeal and one of the issues raised he did not frame the issue correctly so the appeals court did not even address that issue. Ineffective assistance of counsel was preserved for me to raise in post conviction proceedings. I have more proof of ineffective assistance then listed above, but this is some of it. Post conviction I have to do myself due to no money to hire an attorney to do it for me.
 
Dirk Fishback said:
I was appointed an attorney in a harrassment charge. The attorney did not enter any of my evidence in the case. The charge stemed from a voicemail message left on an officers voicemail which the dispatcher transfrred the call to the officers voicemail. The dispatcher was issued a supeana to appear at trial. The dispatcher did not show for trial so my attorney just asked to use the dispatchers deposition in place of him testifying in court. After being found guilty I requested a motion for new trial be filed. The attorney filed a motion for new trial with his motion to enlarge and amend. But his motion for new trial was not supported by any law. Just a motion for new trial, nothing to support the motion. He filed his withdraw at the same time which was granted and no representation was appointed after the court granted his withdraw leaving me to contiue to sentencing unrepresented. The attorney filed 6 continuences in the case. The appeals court ruled I was not entitled to appointed counsel for the purpose of a delay tatic, referrencing all the contiuences filed in my case. Which were all for the reason my attorney had court in other counties at the same time of my hearings. None of the contiuences were because of me. When I received his case file and client ledger I see I was billed for 3 hrs on the day before trial for what the attorney states, meeting with witnesses, I had no witnesses in my case. All witnesses were the states witnesses. The attorney during trial makes the statement he was not my first attorney appointed in this matter. Which was a false statement. But used against me in my appeal when the appeals court says I was requestring multipal attorneys and causing delays to disrupt the court. Then the only thing objected to at trial was the entering of the evidence, the recording which was a duplicate recording even though they stated they had the original. Which the court granted my motion to have it analyzed by an expert. The state would not provide the original recording to be analyzed. There is more to this but to much to type. Would these issues so far justify for ineffective assistance of counsel. Also the appeals attorney appointed to me did not even use the issue that was preserved for the purpose of appeal and one of the issues raised he did not frame the issue correctly so the appeals court did not even address that issue. Ineffective assistance of counsel was preserved for me to raise in post conviction proceedings. I have more proof of ineffective assistance then listed above, but this is some of it. Post conviction I have to do myself due to no money to hire an attorney to do it for me.
Click to expand...

Before I add my 2 cents worth, I need to show you the law, and what you're up against, mate.

BTW, I received my 1st bar admission and graduated form one of Iowa's two law schools, so i do know of what I'm about to type.
Ineffective assistance of counsel =
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814.7 INEFFECTIVE ASSISTANCE CLAIM ON APPEAL IN A
CRIMINAL CASE.
1. An ineffective assistance of counsel claim in a criminal case
shall be determined by filing an application for postconviction
relief pursuant to chapter 822, except as otherwise provided in this
section. The claim need not be raised on direct appeal from the
criminal proceedings in order to preserve the claim for
postconviction relief purposes.
2. A party may, but is not required to, raise an ineffective
assistance claim on direct appeal from the criminal proceedings if
the party has reasonable grounds to believe that the record is
adequate to address the claim on direct appeal.
3. If an ineffective assistance of counsel claim is raised on
direct appeal from the criminal proceedings, the court may decide the
record is adequate to decide the claim or may choose to preserve the
claim for determination under chapter 822.

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Iowa Code 814
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814.9 INDIGENT'S RIGHT TO TRANSCRIPT ON APPEAL.
If a defendant in a criminal cause has perfected an appeal from a
judgment and is determined by the court to be indigent, the court may
order a transcript to be made. When an attorney of record is
representing an indigent, the attorney shall apply to the district
court for the transcript.
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814.11 INDIGENT'S RIGHT TO COUNSEL.
1. An indigent person is entitled to appointed counsel on the
appeal of all cases if the person is entitled to appointment of
counsel under section 815.9.
2. If the appeal involves an indictable offense or denial of
postconviction relief, the appointment shall be made to the state
appellate defender unless the state appellate defender notifies the
court that the state appellate defender is unable to handle the case.
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4. If the state appellate defender is unable to handle the case
or withdraws from the case, or if the appeal is other than an
indictable offense or denial of postconviction relief including a
juvenile case in which a petition on appeal is not required or a
juvenile case in which the trial attorney has withdrawn from the
case, the court shall appoint an attorney who has a contract with the
state public defender to handle such an appeal.
5. If the court determines that no contract attorney is available
to handle the appeal, the court may appoint a noncontract attorney,
if the state public defender consents to the appointment of the
noncontract attorney. The order of appointment shall include a
specific finding that no contract attorney is available and the state
public defender consents to the appointment.
6. The appointment of an attorney shall be on a rotational or
equalization basis, considering the experience of the attorney and
the difficulty of the case.
7. An attorney who has been retained or has agreed to represent a
person on appeal and subsequently applies to the court for
appointment to represent that person on appeal because the person is
indigent shall notify the state public defender of the application.
Upon the filing of the application, the attorney shall provide the
state public defender with a copy of any representation agreement,
and information on any moneys earned or paid to the attorney prior to
the appointment.
8. An attorney appointed under this section is not liable to a
person represented by the attorney for damages as a result of a
conviction in a criminal case unless the court determines in a
postconviction proceeding or on direct appeal that the person's
conviction resulted from ineffective assistance of counsel, and the
ineffective assistance of counsel is the proximate cause of the
damage. In juvenile or civil proceedings, an attorney appointed
under this section is not liable to a person represented by the
attorney for damages unless it has been determined that the attorney
has provided ineffective assistance of counsel and the ineffective
assistance of counsel is the proximate cause of the damage.
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THE APPELLATE PROCESS
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You've stated NOTHING upon which you can expect a successful outcome for any appellate relief.

The outcome at trial may not have been to your liking, however, your wording alone has you admitting to the very thing you now claim you didn't do.

Even if you had the world's dumbest, attorney, that alone doesn't mean he or she behaved ineffectively in your defense.

A guilty client is rarely going to receive a not guilty verdict.
 

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