Marcia Kelly
The Real Story
Notable Errors

The following errors were made during the course of events from my arrest through my trial and appeal process:

I.  Arrest Affidavit:
    a.  States that I hired myself to kill James.
    b.  States that Dallas Christian drove the car to the house (before the shooting),
         and that I drove the car away from the house after the shooting.  I was at work, 55 miles away.
    c.  States that Christian and Weir informed them of being hired.  Weir's
        statement disputes this to include no mention of me at all.
    d.  The Arrest Affidavit was previously used for someone else with my name
        interpolated into the warrant.

Arrest Affidavit    Indictment


II.  Ineffective Assistance of Council- Trial Attorney:
     a.   Tim James (Marcia's Attorney) did not object to (or exhaust) his preemtory
           challenges during Voir Dire.
     b.  Mr. James did not object when a juror made it known that she had clearly
          formed an opinion prior to the trial ever starting.
     c.  Mr. James failed to subpoena witnesses (mainly Weir, my accuser).
     d.  Mr. James did not call important witnesses that he had
           subpoenaed.  
     e.  Jesse Barber testified against me, yet he was unable to identify me in the
         courtroom. 
Barber Testimony
     f.  The court violated a Motion in Limine that was granted to keep priors out. Ineffective Trial Attorney

III.  Ineffective Assistance of Council- Appellate Attorney:
     a.  Mr. Bertin (Appellate Attorney) filed a frivolous appeal that included false
         information and contained the wrong case law citations.
     b.  Mr. Bertin never perfected the appeal.
Ineffective Appellate Attorney

*In my direct appeal, the 1st Judgment was withdrawn and then the lower court's ruling was affirmed.  The first sentence by the Justice states:
       "Being that appellant does not contest the sufficiency of the evidence,
        our ruling is based on..."

Appellate Brief Part 1   Appellate Brief Part 2   Opinion of the Court


I believe my case was overturned based on insufficient evidence.  Because my Appellate Attorney did not cite it as an error, the Court could not rule on it in my favor.

Closing Arguments
Facts of the Case
David Bone Testimony
Oscar Pat Testimony
Jesse Barber Testimony
Jason Barber Testimony
Joe Rogers Testimony
Jimmy Mings Testimony
Paul Buchanan Testimony Part I     Paul Buchanan Testimony Part II    Paul Buchanan Testimony Part III
Jennifer Edwards Testimony
Billy Lofton Testimony
Gary Batchelor Testimony




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