Orange Park, FL asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia

Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was handled in Clayton county, the defendant is also a non citizen and looking for guidance on immigration law. What’s also a good lawyer to handle these cases?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should formally request the discovery package from the prosecution. If this request is denied or ignored, the attorney may consider filing a motion with the court requesting the release of the discovery materials. This motion would argue the necessity of these documents for the preparation of the habeas corpus petition.

In some instances, a subpoena can be issued for the discovery materials. However, this would typically require a court order, and the process can vary depending on the jurisdiction and the specifics of the case.

Given the complexities of a capital case, especially with the added layer of immigration concerns, it's vital to work with an attorney who has experience in both criminal defense in capital cases and immigration law. This dual expertise is important because the outcome of the habeas corpus petition could have significant implications for the defendant's immigration status.

For recommendations on attorneys with the requisite experience, consider reaching out to legal associations in your state, such as the state bar association or organizations specializing in criminal defense or immigration law. They can often provide referrals to attorneys who have the specific expertise needed for your case.

Given the deadline for filing the habeas corpus petition, it's important to act swiftly to ensure there is adequate time for preparation and submission.

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