Skip to main content
Donna Jalbert Patalano

Donna Patalano’s Answers

1 total

  • What happens when an appeal is filed in the following type of case?

    Cousin charged with felony sex abuse of a child under the age of 12. He has been appointed a lawyer to file the appeal. Atty has the transcript and has to file it by the middle of June, 2011. Atty states he doesn't need to see me; he can only i...

    Donna’s Answer

    The appellate attorney should use more than just the transcript, but she is limited to what she can use in an appeal. For instance, an appellate attorney can also use any pleadings filed in the trial court, any transcripts from pre-trial hearings, and any orders or decisions made by the trial court prior to your cousin's conviction. Otherwise, the attorney is correct: no new evidence can be introduced in a direct appeal.
    I often communicate with relatives of my appellate clients, particularly if my client is incarcerated. But before I communicate with that relative, I require my client to sign a waiver to allow that communication. If the client hasn't made the request, I will not talk with the relative, except to discuss those matters that are part of the public record. If you want the ability to speak with the attorney, and your cousin wants you to act as a go-between, your cousin must address the issue with the attorney before you can. Good luck!

    See question