Criminal

appealing a criminal case part 4

By February 18, 2017 No Comments

Now, what we found out on appeal just going through the file, just going through what’s in the record and this is what’s really fun I know Cynthia does this, incredibly well on all her cases. Just because you’re not in the trial court anymore doesn’t mean there is not little nuggets of, of wonderful treasure, there for you to find. Well we found in, in the record, payments to a translator. She was on the clock at a hotel, on the county’s time during this time when the trial court refused to give a translator, to this young lady. Ok? So the argument, which I don’t think the state has a dog in that hunt and I think they should shut up and you should object if they start blabbing about,” she didn’t get a translator!” they don’t have a dog in that hunt. Ok? You should object to that! But if they do speak up, note; is there a translator available? Are they on the county’s time? Are they already there ready to go? But the trial court just won’t give her one!

So the court of criminal appeals did not reverse this case based on the translator issue. They reversed it on, the trial court not being neutral and detached. A biased trial judge. Ok? But the translator issues were very very clear. So don’t let yourself be put in that, put in that, situation. Don’t translate for people, don’t let family members translate. If, there’s a federal case, I’m sorry can’t remember the name of it right this moment but , it was in different district in, I think it was in southern district. And they were prosecuting, man from an African country. And he spoke an unusual language. And so he was held, Gosh! I don’t want to say 3 or 4 years, without a translator! And the government’s argument was; well we can’t find one! We’re having so much difficulty finding a translator. Well, the clerk of the appellate judge called; ok this is Houston ya’ll ok? Not Berney. This was Houston. They could find a translator for, any language that’s around. Ok? So the appellate court put in the opinion that his briefing attorney found a translator within 15 minutes of picking up the phone.

Ok? So that didn’t fly either! That didn’t fly either! Oh! We don’t have anybody who speaks that language. Ok you’re in Houston! Ya you do and plus there’s telephonic system’ where you can call and it’s located in Houston. Right since you knew that. And then, and then they can translate telephonically, if you can’t get the person to, San Angelo or Burney or wherever you handling your case. Enojado means mad, for those who don’t know. Ok.

Pretrial motion practices; Ok. Many times I’ll get in appellate record and there‘ll be all these beautiful motions in there, and no rulings! Don’t just file those things you have to ask for rulings. You have to put em’’ in front of trial court and you have to, present your motion and you have to get a ruling or they’re no good. They mean nothing. Ok? So don’t forget to litigate them. Many of the good trial judges what they’ll do is before you know, you began a trial, they’ll go through the list of all the pretrial motions. But that’s your job as defense counsel. You need to have the list of argue motion you need to go through, create a matrix! And go through and check of was it ruled on? What was the ruling? When did he rule on it? Ok? You got to have that!

Francisco Hernandez

Author Francisco Hernandez

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