Let This Be A Lesson About Legal RepresentationRickey Stokes
Posted by: RStokes
Date: Aug 09 2019 6:54 PM
ALABAMA: Remember the following statement and always remember it:
"The denial was based on a technicality — that Darby’s attorney Robert Tuten didn’t include with the petition a transcript of the immunity hearing that happened in Pate’s courtroom."
This comment was in the Alabama Supreme Court denial of consideration to deny hearing the appeal of a Huntsville Police Officer case. The on duty Huntsville Police Officer is charged with murder.
You see the denial was based on a "technicality" that Darby's "attorney" did not include with his petition filed a "transcript of the immunity hearing".
The following is not speaking to my support of or lack of support of the former police officer. I know very little about his particular case.
My pointing out this comment is speaking to your hiring of an attorney. In my some 43 years in and around law enforcement and the court system I have heard many times "well if convicted I will get a good attorney".
This officer was seeking immunity. Not because of anything the officer did but what his attorney failed to do, which was simply attach court transcripts of the hearing to his petition, the Alabama Supreme Court denied to consider the appeal.
Guess what? The attorney will not go to prison if there is a conviction. The former officer will go to prison if convicted.
So let this be a reminder to you... always - always - seek out the best attorney possible immediately and do not wait.
Often times in a trial the attorney will enter an objection. Sometimes this makes juries think the attorney is attempting to hide something or prevent something from coming into evidence. Often times that is not the case at all.
All the appeals court looks at is the "record". The motions, the court reporter transcripts, the records of the case file. And you will see the appeals court and Alabama Supreme Court rule the "objection was not timely". Which means, the defense attorney did not object to a issue until later in the trial. Since their objection was not immediate when something was said or the court ruled, the appeals court will not consider it.
Some of the times when attorney's object it is to "protect the record" on an appeal in the event there is a conviction or adverse ruling in a case.
IN THE BEGINNING it is really important to get good qualified legal counsel. Not just an attorney. Because apparently this police officer had "just an attorney". That is only based on his lack of attaching court reporter transcripts to the petition. I am not an attorney ( often times I am better than an attorney LOL ). But I even know the transcripts must be attached.
If you are having chest pains, do you go to a dentist? If your tooth is hurting do you go to a cardiologist?
No, you go to a specialist based on the medical issue you are having.
Seek out a good qualified attorney that lines up with a specialty in what your legal issue is about.
Because in the end, it is not the attorney that has a felony or goes to prison.