Legal Question in Appeals and Writs in Texas

My brother is mentally retarded and was sentenced to 25 years in prison for somthing he did not do... He was accused of a sexual crime against a young girl... He had a court apointed lawer who did nothing for his case he told my brother to sign for 25 years or going to court the judge would give him 30-life and he would never see his family again we believe the lawer did not care to help my brother and did not want to go through with a long trial so he threatened him knowing he has a mind as a 13 year old... Im not sure where or what to do from here he has been in prison for 3 years and Im working on getting a new trial if you could please help me with any advise it would be greatly appreciated...

Asked on 4/15/10, 3:04 pm

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

You're just now planning on filing an appeal? You might want to check first on whether you can - the time may have already passed for that. Also, what you're probably talking about as a justification for the appeal would be under "inadequate assistance of counsel." This is very hard to show and have a ruling in your favor. You might want to consider hiring a private investigator to see if new evidence can be developed showing the likelihood that someone else committed the crime and/or the likelihood that your brother did not commit the crime. You might also want to consider having your brother examined by a psychiatrist to determine if he was even competent to stand trial when he did. On the other hand, does the young girl still contend that your brother is the one who assaulted her? Maybe time and some maturity would cause her to change her story. I cannot think of what else to advise you.

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Answered on 4/20/10, 4:29 pm

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