Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #18 *Arrest*

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AFTM said:
You have know idea how many cases win appeals for not having effective counsel. That is one of the first things they try. That is why I think the public defenders office is not defending EG.

Its unbelievable the chances a criminal gets even when without a doubt they are guilty and deserve a greater punishment than they ever will receive.

(Almost everyone does try to pull that one that's why they make sure they have adequate representation.)
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This may be a jurisdictional thing, but at least in federal court, it is very difficult to win on an ineffective counsel claim. There is a presumption of competency. Very rare for a defendant to win on an ineffective counsel claim!

Source: am law student.
 
AFTM said:
There is a difference here...maybe not a difference in the pay scale but the caliber of an attorney you get...there is a big difference.

Most attorneys that work in public defenders office are young just out of law school or just have not made it in high caliber law firms unless they run the public defenders office. Their pay scale is from 58000 to 100,000 a year and that is it. They are salary.

There is a big difference. Like I said my cousin is a DA. And I have been through the mill with appeals for my sisters murderer since 1988 when he first got sentenced to death.

Defendant will file an appeal an say they did not have effective council. And they will win appeal.

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This is exactly how the prosecutor explained it to us when it upset us that the court appointed three attorneys to defend my SIL's murderer. They knew they could win the case and didn't want him to be able to us ineffective council as an excuse on appeal. Of course he appealed (and lost) but not because of not having effective council.
 
RemingtonSteele said:
This is exactly how the prosecutor explained it to us when it upset us that the court appointed three attorneys to defend my SIL's murderer. They knew they could win the case and didn't want him to be able to us ineffective council as an excuse on appeal. Of course he appealed (and lost) but not because of not having effective council.
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My sisters murderer had 5 can you believe it??? The Attorney Generals Office represented my sister. Dep Attorney General and his assistant.

I'm just glad they are being careful about what they do with EG. I want Justice For Lucas.

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marilynfigment said:
This may be a jurisdictional thing, but at least in federal court, it is very difficult to win on an ineffective counsel claim. There is a presumption of competency. Very rare for a defendant to win on an ineffective counsel claim!

Source: am law student.
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That is why they are given a better attorney so they cannot win. That is one of the first things they try.
the Sixth Amendment’s right to effective assistance attaches directly to the fidelity and competence of defense counsel’s services, regardless of whether counsel is appointed or privately retained or whether the government in any way brought about the defective representation. “The vital guarantee of the Sixth Amendment would stand for little if the often uninformed decision to retain a particular lawyer could reduce or forfeit the defendant’s entitlement to constitutional protection.”344*To an argument that a state need only appoint for indigent defendants to satisfy Sixth Amendment requirements, the Court responded that “the State’s conduct of a criminal trial itself implicates the State in the defendant’s conviction”, and no state may proceed against a defendant whose counsel, appointed or retained, cannot defend him fully and faithfully.345

Here's an example I am sure everyone has heard of the Innocence Project

https://californiainnocenceproject.org/issues-we-face/ineffective-assistance-of-counsel/
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Charliegizmo49 said:
Are these the same two people she INVITED INTO THE HOUSE because it was cold????? With 2 small children inside at 3am??? I didn’t realize it was in the middle of the night. If that’s correct, and I have doubts about anything she’s said, her judgement is way off. That raises even more questions!!!!!
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It does confuse me about the middle of the night thing. Would she be able to take a picture of them walking away, if it was dark outside? I don't know that a street light or porch light could provide enough light for a picture like that. If there even was a picture...
 
So, in a nutshell.....EG was appointed an attorney chosen by the court, not a public defender who works for the state, but an atty. in private practice that the court will pay by the hour. And, this firm may have been chosen because of their expertise in criminal cases and it is anticipated with EG there will be further very serious criminal charges regarding Lucas, that she will need effective counsel and that an appeal might not go thru should she be convicted. Do I have it right?
 
kkdj said:
So, in a nutshell.....EG was appointed an attorney chosen by the court, not a public defender who works for the state, but an atty. in private practice that the court will pay by the hour. And, this firm may have been chosen because of their expertise in criminal cases and it is anticipated with EG there will be further very serious criminal charges regarding Lucas, that she will need effective counsel and that an appeal might not go thru should she be convicted. Do I have it right?
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Yes you have got it all a long. But then there are some that question everything....

My sisters murderers first appeal was for ineffective counsel so that was the first appeal hearing I sat through. The attorneys basically had to defend why they defended him the way they did. He lost that one. We were lucky. I have sat through appeals from 1988 to a retrial that he won last February when he was convicted again. Over 30 years.

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Kuyluc2764 said:
Wildcat Runner, that is who I'm referring to. Him amongst certain others. But not here on ws. They all seem to think that because they aren't being told what is going on that that means LE is doing nothing. I disagree.
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Oh, ok, gotcha. My apologies for misunderstanding. I thought your statement was directly in reference to people up thread discussing JH's statement. ...this is why I shouldn't assume things. 🤦 Haha

Just thinking out loud...
 
Busylady said:
JH refers to EG as his wife

Still, he said, “Everybody has to be innocent until they’re proven guilty.”
There shouldn’t be a lynch-mob mentality against his wife, he said.
“I realize it’s frustrating for the public not to know” what happened to Lucas, he said.

http://www.kansas.com/latest-news/article204752704.html
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In my state (MI), I have NEVER heard anyone in this type of situation being referred to as a wife if they are not married. So if Kansas seems so accepting of EG being JH's wife, does that give them spousal immunity against testifying against each other if/WHEN it comes to that.

I hope not.
 
kkdj said:
Falls could be cooking dinner? I just starting reading your link, haven't finished.....but wth? I'm thinking maybe she set him on the counter and she's representing he fell off? Or she smacked him to get down?
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Yeah, strange huh? I can't think of any time that anyone here has fallen while dinner was being made. :confused:

IMO
 
PommyMommy said:
Yeah, strange huh? I can't think of any time that anyone here has fallen while dinner was being made. :confused:

IMO
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Maybe the poor little soul had to cook his own dinner..

Had to stand on something to reach.

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kkdj said:
I caught that too. I'm sure he's aware of LE, TES, and all the wonderful personal searchers. I think he really meant it in reference to raising money to hire the PI who he hopes can get to the bottom of this.
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i strongly agree with both of you. In the morning I’m going to try to link a couple of documents that support EXACTLY your point. The first is a Dept. of Justice nandbook which outlines procedure for abducted and missing children. It covers everything LE has probably done in the course of the investigation. Part of it clearly state to compare the report of the first responder to the later report of the chief investigator. When specific details differ they suggest that the person who was last with the missing victim should be reinterviewed.


in essence you two are doing exactly what LE has done and confirmed the suspect.

Yea for you. !!!!!!!!

The second document identifies characteristics of mothers/step-mothers/girlfriends who kill.

Have a a great morning, afternoon and night.
 
RemingtonSteele said:
In my (MI) I have NEVER heard anyone in this type of situation being referred to as a wife if they are not married. So if Kansas seems so accepting of EG being JH's wife, does that give them spousal immunity against testifying against each other if/WHEN it comes to that.

I hope not.
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PB said that was not his wording. However, spousal immunity does not apply in a case related to abuse of the child of one or both parties.

Just thinking out loud...
 
I just looked at the , for the first time, that is attempting to raise funds for a PI. JH (or someone using his name) has donated twice. $120 total. Why would you donate to your own ? Now takes their cut of fees, and you have less than if you paid that amount to the PI yourself.

Just thinking out loud...
 
PommyMommy said:
This is Kadoober's transcription of EG's jail interview. She says "it was actually pretty early in the morning."

https://drive.google.com/file/d/1fAa1pXe_IXlv9WZ9uOizGk7X5PKrWLyr/view
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I don't hear any pleading to whoever might have him, to Lucas personally, worrying about him, is he cold, hungry, hurt, scared, etc......we're coming for you. I only hear reasons why he had bruises that weren't her fault.
I'll tell you what! One of my kids or grandkids goes missing they will know I'm coming to get them! If I thought they had been kidnapped I would plead with the kidnapper to take good care of my kid and we can work out getting him/her back to their family. I sure as heck wouldn't worry about my own reputation! Beat the carp out of me, give me a lie detector, but I'm finding my kid!
 
WildcatRunner said:
Oh, ok, gotcha. My apologies for misunderstanding. I thought your statement was directly in reference to people up thread discussing JH's statement. ...this is why I shouldn't assume things. 🤦 Haha

Just thinking out loud...
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I should have quoted but I was going back and forth so much. I should have been specific. All is good. I would rather be asked then have someone be uncertain about what I'm referring to. I happen to think that people of ws are awesome and dedicated to Lucas. ❤
 
AFTM said:
Yes you have got it all a long. But then there are some that question everything....

My sisters murderers first appeal was for ineffective counsel so that was the first appeal hearing I sat through. The attorneys basically had to defend why they defended him the way they did. He lost that one. We were lucky. I have sat through appeals from 1988 to a retrial that he won last February when he was convicted again. Over 30 years.

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I'm so sorry. That can't be easy ever, no matter how long it's been. :grouphug:
 
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