Ineffective Counsel Appeal Grounds

Summary

An appeal in Missouri can be based on ineffective counsel if the lawyers actions, such as lack of preparation or allowing jury misconduct, compromised the defense. Grounds for appeal may include signing stipulations without evidence, unpreparedness, and forced plea agreements. Additionally, issues like inadequate investigation and due process violations can be raised. Its crucial to gather supporting documents and consider consulting an attorney specializing in appeals for guidance.

Full Conversation

Okay so the grounds for ineffective Council would go like this from the beginning of the case I'm starting as back as the first trial because there was two different sections of this case because the first trial ended in a mistrial it was for not guilty for was for didn't understand Reasonable Doubt but starting back at that first trial first thing that was an error and a big problem for this case was that Jason Corner k o r n e r who is the lawyer for the defendant Kevin Chambers on a rape in the second degree in sodomy case he had Kevin sign a stipulation the day of the first trial stating that he had consensual sex with the victim but the thing is is that there was no DNA in this case there was no evidence in this case supporting any kind of a assault on this woman nothing from the hospital records supported that nothing from her even her own testimony supported it because she changed her story so many times no Witnesses for her came forward not even the nurse so really the case probably should have ended right there but Jason had Kevin sign something to continue to go to trial on that day then on top of that it came to the attention of the judge that the prosecutor's sister-in-law was seated as a juror and Kevin's lawyer allowed that the other thing for that trial was that he came very unprepared he did not investigate anything in that case he did not utilize any of the witnesses that we gave him at our disposal that would come into advocate for Kevin at this rate did not he did not stop the prosecutor from taking our witness and going in a room alone with her for almost * minutes before she got on the stand so on the second trial he came to trial completely ill prepared he did not bring a single witness to a to a case of completely he said she said and Kevin was basically forced into a plea hearing because the other alternative would be that he would have to go to court that Monday with no attorney with no Witnesses or he could go sit in jail for 4 months while they found him a new lawyer so those were his choices and then when they did force him into the plea they refused to answer his questions that would not outline the actual plea agreement and any way that he understood he told him three or four times through the playground and they refuse to help
Thank you for the detailed information. Based on what you've described, here are some potential grounds for ineffective counsel:
*. **Stipulation Signing**:
- Counsel had Kevin sign a stipulation of consensual sex without evidence.

*. **Jury Misconduct**:
- Counsel allowed the prosecutor's sister-in-law to be seated as a juror.

*. **Lack of Preparedness**:
- Counsel was unprepared, did not investigate, or use witnesses.
*. **Witness Interference**:
- Counsel did not object to the prosecutor's private meeting with a witness.
*. **Forced Plea**:
- Counsel's lack of preparation led to Kevin being forced into a plea under duress.
For an appeal, you will need to gather all relevant documents and evidence supporting these points. You might also consider consulting with a new attorney specializing in appeals.
Would you like information on the St. Louis Circuit Court of Appeals or need assistance with any specific part of the appeal process?
Could you like give me an example or show me what an appeal would look like in writing on paper just show me what that would look like in the state of Missouri
Certainly! Below is a basic template for an appeal to the St. Louis Circuit Court of Appeals in Missouri, based on the grounds you've mentioned:
---
**IN THE MISSOURI COURT OF APPEALS EASTERN DISTRICT**
**STATE OF MISSOURI,**
**Plaintiff-Respondent**
**vs.**
**KEVIN CHAMBERS,**
**Defendant-Appellant**
**APPEAL NO. [Insert Appeal Number]**
**From the Circuit Court of St. Louis County, Missouri**
**Case No. [Insert Case Number]**
---
**NOTICE OF APPEAL**
COMES NOW the Defendant-Appellant, Kevin Chambers, by and through his undersigned counsel, and hereby appeals to the Missouri Court of Appeals, Eastern District, from the judgment of conviction and sentence entered on [Insert Date] by the Circuit Court of St. Louis County, Missouri, the Honorable [Judge's Name] presiding.
---
**STATEMENT OF THE CASE**
*. **Introduction**
Kevin Chambers was convicted of [insert charges] on [insert date]. This appeal is based on the grounds of ineffective assistance of counsel.
*. **Grounds for Appeal**
- **Stipulation Signing**
Can you please insert the grounds that I gave you
Certainly! Below is a basic template for an appeal to the St. Louis Circuit Court of Appeals in Missouri, incorporating the grounds you provided:
---
**IN THE MISSOURI COURT OF APPEALS EASTERN DISTRICT**
**STATE OF MISSOURI,**
**Plaintiff-Respondent**
**vs.**
**KEVIN CHAMBERS,**
**Defendant-Appellant**
**APPEAL NO. [Insert Appeal Number]**
**From the Circuit Court of St. Louis County, Missouri**
**Case No. [Insert Case Number]**
---
**NOTICE OF APPEAL**
COMES NOW the Defendant-Appellant, Kevin Chambers, by and through his undersigned counsel, and hereby appeals to the Missouri Court of Appeals, Eastern District, from the judgment of conviction and sentence entered on [Insert Date] by the Circuit Court of St. Louis County, Missouri, the Honorable [Judge's Name] presiding.
---
**STATEMENT OF THE CASE**
*. **Introduction**
Kevin Chambers was convicted of [insert charges] on [insert date]. This appeal is based on the grounds of ineffective assistance of counsel.
*. **Grounds for Appeal**
- **Stipulation Signing**
I want to give you some background on this case Kevin was introduced to a woman will just call her ad in March of * she was introduced to Kevin by her neighbor having Fury who was a friend of Kevin Kevin spent the evening with ad with ad Heaven and her boyfriend David and they had drinks and at some point or another it was decided that they were going to go there separate ways and Kevin was asked to spend the night with Ali by Allie ad this was substantiated in the witness testimony given in the first trial having Fury states that she offered Kevin a couch to sleep on and that he turned that down and then Allie our ad said no he's going to stay here with me tonight in my house in my bed so there was there was evidence of that there was also a written affidavit that was submitted by David Marty he was also a witness to this who also substantiated the same story that haven't stayed it and he basically said the same thing the witness in this case it was the victim states that the reason that Kevin was invited to stay on her couch was because heaven and David had another guest in their home that night but that was later by witness testimony stated to be a complete false false story after all of this was said and done the next morning is when Ali decides to contact her boyfriend at the time her ex-boyfriend I should say Andy and tells Andy what has happened that she was raped by Kevin she states that you know he he just came to her house and raped her this is false as well but anyway the woman says that she cried herself sleep that night after she heard Kevin leave and that she never checked on her *-year-old daughter she just went to sleep she went to the hospital had a great test done there was no investigation done on this case whatsoever by detective Karen George she did not interview a single Witness did not take any pictures from the crime scene collect any evidence from the crime scene she did not do any kind of background on Ali ad there's a ring camera that was available for surveillance she did not pull the camera footage from that even though it was an active camera she did not interview anyone that was named as potential Witnesses from the actual victim herself she did not even contact the person that was allegedly the rapist he did not even contact Kevin at all and speak to him she quits the investigation at the end of March and then she does nothing with this case until April of * so this is almost 2 years later and then she issued a warrant for his arrest which I believe violates his due process it violates so many different things because all of his potential defense was watered down because of the time length it took for them to do this and the thing is is that Ali had left St Louis Missouri and moved to Colorado she never made contact with the prosecutors again when she left St Louis so there was really no basis and there was no sexual contact established until Kevin had already been put in jail for 4 months so what do you think that sounds like to you and does it sound a little fishy
Thank you for sharing the background of the case. It sounds complicated and concerning. To provide more specific information, could you confirm the exact legal issues you want to address in the appeal? Are you focusing solely on the ineffective counsel or also on issues related to the investigation and due process?