Asked 7/13/17 – San Antonio, TX

I have some questions to your response … first of all I contacted the attorney of record and he said he doesn’t keep any records if the defendant was not sentenced to death. My son was given life with the possibility of parole. How does this help if the attorneys file was destroyed? How can I find errors on the transcript? I know there is ineffective counsel and others but can you please tell me where I can research and view errors on capital murder cases? Now my son was drunk and on drugs when he gave his statement, how can I attack that, his lawyer argued the Miranda but he should’ve argued the drunk and drugs issue. A psychologists that we located thru the Texas Defenders testified the effect of my son being drunk in conjunction with drugs and Codin (which was prescribed for a dog bite) another person’s name on the statement as well. Thank you for your responses. And yes I don’t have money to hire an attorney that is why the state always wins because a case of this magnitude requires a lot of work and the attorneys all want to get paid for their time, understandable.

Answer

You may contact the court that imposed sentence on you son and obtain transcripts of all proceedings (at your cost). I cannot comment specifically on the evidence in your son’s case, but is general voluntary intoxication is not grounds for an affirmative defense nor basis for suppression. You may contact thee Innocence Project for assistance in this matter. Good luck