I may have had problems submitting the last question. I was Incarcerated four and one half years. I was coerced by the judge to plead guilty, even with exculpatory evidence to prove someone else committed the crimes. I caved to the pressure. My then private attorney was not effective to say the least. I was sentenced to 45 years. My case was overturned by the supreme court and on remand to another judge and court. I don't have resources to hire another attorney. I ask the new judge to appoint me one. This public defender has no time to defend me, He does not believe In my Innocence, And this Is besides the point, He also states he Is not my friend, Also besides the point. The standards are not being met by this attorney. He has asked me what motions to file and what expert witnesses to retain? How can I have cofidence In him? I have stated my DISSATISFACTION with him and to the court In writtiing. He retaliates by filing a motion to have my competency evaluated. This has already been explored previousy and I was found competent. He thinks nothing of the case being overturned by the supreme court, In fact he ridicules It. He just won't defend me. He Is just going to sit and smile at trial while I get railroaded.

Not sure what you expect or want from a public defender, you can ask the PD office to appoint a new one for those reasons. But then you get their good buddy that knows you claimed his friend was not doing a good job ( and You can bet )

And of course it does not matter if your attorney thinks you are innocent or not, if you tell your attorney you did it, they still have to try and get you off.

Most PD are not like attorneys you hire. First they have 100's of open cases and normally merely appear in court to be sure your rights are not violated, not really trying to get you off. It appears that from the info you provided the attorney he feels you are guilty and does not see a way to get you out of this.

And you not being competent is one of the most and best used defenses to get you off, then it does not matter if you did it or not. But heck what does an attorney know.

And to be honest you did not state why you got a new trial, just new evidence is not really a reason in most states. And being not guilty is not a reason at all for a new trial. ( from legal rules)

Also in most cases the judge has nothing to do with your plea agreement, that is the DA, if the judge did pressure for a plea, then that would be a reason for a new trial perhaps, if that is part of the transcripts of the trial.

Also you will have to pay for the expert witness, so I guess he wants to know who you want to hire to go over the evidence and testify.

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Originally Posted by railroaded

I have stated my DISSATISFACTION with him and to the court In writtiing. He retaliates by filing a motion to have my competency evaluated.

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Hello roaded:

Sometimes justice is handed out by the courts... And, sometimes you have to wrest it from them.

You did part by complaining about him in writing to the judge. That's GOOD. Now DO the rest. Don't just STATE your dissatisfaction and HOPE something is done about it. YOU DO something about it. That means FIRING him for the reasons you said. They're certainly legally sufficient. Do it in writing in a letter to him with a copy to the judge, and one to the prosecutor. Send 'em CERTIFIED, return receipt requested.

In your letter to the judge ask him to appoint another lawyer. You don't need to cite the law. The judge KNOWS the law. Not knowing what preceded these events, I cannot see the judge turning you down.

WHEN he grants your request, the new lawyer won't be from the PD's office, because it's the entire office that you're firing. Maybe, just maybe the new attorney they'll appoint will actually represent you.

If the judge doesn't give you a new lawyer, yes, you're being railroaded again. But, you've got your ducks lined up for another dynamite appeal. And, you put the court on notice that you're not going to go quietly this time.

excon