How does the appeals process work in MA? A friend of mine was recently convicted of his 5th oui in disctict court. My friend's attorney is filing an appeal (1) for a mistrial because the officer was instructed not to say anything about the fact that he refused the field sobriety test. The judge said if the officer said anything regarding field sobriery, she'd declare a mistrail. The officer did speak about field sobriety but the judge didn't declare a mistrial. (2) one of the previous convictions had no attorney listed he filed a brief to elimate that conviction..or something to that affect. In his email to me the attorney said "I have filed the notice of appeal and a motion to appoint Committee for Public Counsel Services for the Appeal." What does this mean? Does this mean that he's no longer my friends attorney? His next sentence was "I would love the opportunity to try the case again but that would be up to him."
Submitted by cola227 on Wed, 05/04/2011 - 17:26