My nephew was tried,convicted and sentenced to life imprisonment,based on a fatally defective indictment whereas the trial court had absolutely no jurisdiction to try the case. But now I can't seem to find an attorney in Georgia that is willing to take his case.
Exactly what makes the indictment fatally defective? Like many criminal defense lawyers, I have challenged the validity of indictments when there are viable grounds to do so. I'm going to guess that there probably aren't viable grounds here and that's why you're having trouble finding a lawyer to take the case.
Perhaps your legal opinion is legally incorrect.
Anything is possible but I find it highly improbable that yous assessment that there was "a fatally defective indictment whereas the trial court had absolutely no jurisdiction to try the case" and that every GA lawyer is either afraid to challenge the court's jurisdiction (because that is what we do) or that they are all wrong and that you are correct.
Still, what do I know.
If you can;t find a lawyer to file an appeal then do it yourself. Apparently you are qualified to form complex legal conclusions that are presumably based in fact, law and precedent so filing an appeal should be easy peezy lemon squeezy for you.
Wishing you and yours the best of luck and I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Attorneys do challenge the jurisdiction if we believe its an issue. Without giving us a reason why you believe jurisdiction was at issue in your nephew's case, we can't begin to help you. The inability to find a lawyer to take a case is usually a good indication that its not as strong a case as you think.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline