No. EIGHTEENTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
STATE OF NORTH CAROLINA
FROM GUILFORD COUNTY
97 CRS 39580
MOTION FOR EXTENSION OF TIME
THE COURT OF APPEALS SLIP OPINION WAS FILED 3 OCTOBER 2000 WITH .A
FINDING OF NO ERROR. THE DEFENDANT'S ATTORNEYS OF RECORD THROUGHOUT
ALL PROCEEDINGS WERE JOHN B. HATFIELD, JR. AND W. DAVID LLOYD. AFTER
THE DEFENDANT'S CONVICTION, HE WAS COMMITTED TO THE NORTH CAROLINA
DEPARTMENT OF CORRECTIONS AND IS PRESENTLY ASSIGNED TO PASQUOTANK
REASON WHY EXTENSION SHOULD BE GRANTED
CLEARLY VIOLATES THE STANDARDS SET BY THE REVISED RULE OF
PROFESSIONAL CONDUCT OF THE NORTH CAROLINA STATE BAR. PURSUANT TO NC
REV.RPL RULE 1.3 DILIGENCE, A LAWYER SHALL ACT WITH REASONABLE
DILIGENCE AND PROMPTNESS IN REPRESENTING A CLIENT; AND RULE 1.4
COMMUNICATION (A) A LAWYER SHALL KEEP A CLIENT REASONABLY INFORMED
ABOUT THE STATUS OF A MATTER AND PROMPTLY COMPLY WITH REASONABLE
REQUEST FOR INFORMATION. (B) A LAWYER SHALL EXPLAIN A MATTER TO THE
EXTENT REASONABLY NECESSARY TO PERMIT THE CLIENT TO MAKE INFORMED
DECISIONS REGARDING THE REPRESENTATION.
3. THE SIXTH
AND FOURTEENTH AMENDMENTS TO THE US CONSTITUTION GUARANTEES AN
INDIGENT CRIMINAL DEFENDANT APPOINTMENT OF COUNSEL AND EFFECTIVE
ASSISTANCE OF COUNSEL. THIS IS ALSO SUPPORTED BY RULES AND STATUTES
OF THE U.S. CODE AND THE N.C. CONSTITUTION, RULES AND STATUTES.
4. THE DEFENDANT HAS NO FORMAL EDUCATION IN LAW AND HIS RESOURCES ARE LIMITED. THIS WITH HIS INCARCERATION LIMITS HIS ACCESS TO THE COURTS AND PUTS HIM AT MUCH OF A DISADVANTAGE TO THE STATES ATTORNEYS.
NOT HOLD THE NEGLIGENT ACTS OF HIS ATTORNEY AGAINST HIM, AND WILL GRANT' HIM SUFFICIENT TIME TO PREPARE AND FILE HIS NOTICE OF APPEAL.
FELONIES IN ALL COURTS
October 17, 2000
Odom Corr. Rt. 1 Box 36
Enclosed is a copy
of the opinion in your case. As you probably already know, we lost.
I have considered the opinion at length and have talked to other
lawyers including Jack. I simply see no realistic basis for hope of
a reversal in the N. C. Supreme Court. Therefore, Jack and I decline
to seek certiorari or discretionary review in your case. If you send
your father over, I will be glad to turn over your file to him. You
have 35 days from the date of the opinion, October 3, 2000 to seek
discretionary review. You would need to file with our Supreme Court
in order to exhaust state remedies to preserve any federal habeas
options. I wish you well.
I am and remain,
W. David Lloyd
envelope (see PDF)
CERTIFICATE OF SERVICE
MIKE EASLEY, ATTORNEY GENERAL
N.C. DEPARTMENT OF JUSTICE
15TH DAY OF NOVEMBER, 2000
Published August 15, 2006. Report broken links or other problems.
© PWC Consulting. Visit our website at www.preventwrongfulconvictions.org for information on our Mission and Services, and to sign up for our Newsletter.