Q: What can I do If my appealet Attorney has placed me in procedure default by refusing to raise issues preserved by court
My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process violations of the 14th amendment. All these were preserved by trial court for appeal purposes. my indegent appeal attorney refused to raise these issues quoting She could not in good faith presenting them they have no merit based on law. But I have research all the law and pertinent cases containing to the issues. She has ignored my instructions for failing my appeal. And has placed me in procedure default
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A:
It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the legal research you've done. Sometimes, open communication can lead to a better understanding of your position.
If you find that the conversation does not lead to any change, you may want to explore filing a complaint with the state bar association regarding your attorney’s conduct. They can investigate whether she has violated any ethical obligations. Additionally, you could consider seeking a new attorney who will be willing to take on your appeal and address the issues you feel are important.
Finally, if you believe your attorney's inaction has harmed your case, you might look into filing a motion for ineffective assistance of counsel. This can help highlight that your rights have been compromised due to your attorney's failure to act. It’s crucial to act quickly, as there may be deadlines associated with your appeal.
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