Legal Question in Appeals and Writs in Idaho

Insufficient representation

In mid-2000 I had an appeal hearing concerning my parental rights with my children. The appeal was not ruled in my favor. I was going to appeal this decision. I told my public defender before I left the court room I wanted to file another appeal. He said ok. I followed this up by contacting his office by phone, letter, and in person to see if he followed thru w/ filing it. He never did. My question is this; is there any way I can still file an appeal based on the fact that I had insufficient representation cause he didn't do what I asked him to? I don't know if this will make a difference but the Idaho State Bar did put him on probation a few months later for not being available to another one of his clients. He was never around when I tried to get in touch with him. Thank you.


Asked on 1/09/03, 6:55 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Insufficient representation

you didn't give me enough info to answer your question. Examples: 1. are or were you incarcerated? 2. Have you tried filing a petition for uniform post conviction relief act alleging ineffective assistance of counsel? 3. Have you filed a Motion 35 motion testing the legalness of the conviction? 4. Do you have copies of the notices you sent your attorney to prove you requested an appeal?

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Answered on 1/10/03, 2:05 pm


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