rights granted a defendant are the most frustrating aspect of
the criminal justice system. A defendant goes to trial, is
represented by a (in most cases taxpayer-paid) lawyer, has a
fair and impartial judge preside over the trial, is convicted,
and then...oftentimes years later, his conviction is overturned,
and he's granted a new trial.
However, when a defendant enters into a "plea bargain," there is no
trial to get overturned. The prosecution and the (taxpayer-funded)
defense lawyer "plea bargain," the defendant admits to the crime
charged, and recieves the sentence agreed to by his lawyer and
the prosecutor . Before accepting the plea, the judge goes through a
thorough "plea colloquy" with the defendant to make sure that he
knows what he is doing, is making the decision freely, without
promises or coercion, that he understands the plea bargain
and it's consequences, and is entering into the plea because
it is in his best interests.
After that, it's done. No appeals, end of case.
Right?
To quote the eminent legal scholar Borat, "Pause, pause, pause,
NOT!"
The defendant still has the right to appeal. He can claim that
he didn't understand the terms of the plea agreement-- for whatever
reason--; he can claim that his lawyer was ineffective in representing
him (the most frequent claim); any number of things. And defendants
do claim these things. In almost every single case, they file what is
called a "post-conviction" motion to try to get their plea set aside.
Although written pro se, that is, by the defendants themselves,
these motions are usually very well-drafted legally. "Jail house
lawyers," themselves inmates, who have availed themselves of the
law library in the jail (also provided gratis of the taxpayers), to
educate themselves in such matters, help other inmates with their
motions.
Occasionally however, a neophyte (lawyer, not criminal) decides to
file his motion truly on his own, without the assistance of a jail house
lawyer. The motion excerpted below is the result of one such
effort.
"Because petitioner is seriously pressed
for time [ed. note: petitioner was serving a
40 year prison sentence]...petitioner is
forced to simply xerox said argument
from ...those previously submitted...[ed
note: defendants cannot file successive post-
conviction motions, and this was petitioner's
sixth such motion] be that as it may, it's all
the same... petitioner is entitled to the
relief he seeks." (page 5)
"Facts are petitioner...simply refuses to
be further burdened by the convictions
of these cases. Enough is enough. If
respondent [that is, the prosecutor] has a
'problem' with that then let it take
petitioner to trial..." (page 5)
"Although this petition may seem
lengthy..." (page 5 of 38)
"Defendant reasserts he is absolutely
innocent of...the battery of a law
enforcement officer because the truth
is defendant...merely pulled his arm
from HER grasp which caused HER to
lose HER balance and fall backwards..."
(page 8) [emphasis added]
"Although defendant does not have law
to cite herein he submits there is such
law..." (page 19)
"GROUND G:
THE COURT ERRED IN ACCEPTING
A GUILTY PLEA FROM DEFENDANT
WHEN HE WAS OBVUIOSLY (sic)
UNDER THE INFLUENCE OF HIGHLY
POTENT PSYCHOTROPIC DRUGS."
"The court grossly violated the plea
which prompted defendant to enter
(i.e. to stand by and watch the
court enter the plea for him)."
"Accordingly, when actually called
before the court that day, petitioner
simply stood there (something he has
regretted ever since) and listened to the
court's pronouncement of sentence..."
[ed note: excerpt from plea colloquy: The
Court: All right. Are you doing this freely
and voluntarily? The Defendant: I certainly
am, sir."]
"Defendant is not guilty by reason of
insanity due to ingestion of/addiction
to prodigal (sic) amounts of cocaine."
(page 20)
"Although defendant does not have
any Washington, D.C. 'case law'
supporting that conclusion..."
(page 20)
"Although it may be argued that
defendant is being too technical here..."
(page 27)
"Again, in the event the court that all
related herein (sic) 'is just too lengthy'
to read..." (page 24)
"B. THE TRIAL COURT FAILED TO
NOTIFY DEFENDANT OF HIS RIGHT
TO APPEAL THOSE AUGUST 19, 1987,
PROCEEDINGS." [ed note: this motion was
filed by the defendant in 2004]
"Although that failure did not really
prejudice defendant who was well
aware of that Right..." (page 34) [ed note:
the law requires that the defendant specifically
allege prejudice.]
"Is this the kind of justice the Washington,
D.C. court dispenses?"
