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
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*In my direct appeal, the 1st Judgment was withdrawn and then the lower court's ruling was affirmed.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.
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