posted 2016 | State v. E.D.
What happens when a criminal defense lawyer takes on a post-conviction matter and panics? They call Mr. Forman! Client was charged with numerous burglaries and aggravated fleeing and eluding. Because of his prior record, he was designated a prison release reoffender (PRR) and was facing a significant prison sentence. The client was already serving time in federal prison when his case was set for trial in state court. The client went to trial and was convicted of all counts. He was sentenced to 15 years in prison consecutive to his current federal sentence. An appeal was filed, which the client lost.
The same attorney who handled the appeal recognized that he was in over his head and needed help. His client wanted to file a post conviction motion, but the lawyer was unsure how to handle the motion. The lawyer hired Mr. Forman to file the motion, which was filed in the career criminal division. The motion raised several claims, including a claim that counsel was ineffective for failing to advise the client that he could be given a sentence consecutive to his 8 year federal sentence. After filing the motion raising numerous grounds, the state agreed to change the sentence to a concurrent sentence, which essentially reduced the client’s sentence by 7 years. Client and his former lawyer were obviously happy.