By Lovell Oates
Contributing Writer
Conclusion of a two-part column
Last week, four of six facts of innocence, this week the concluding two.
Fifth, my appeals attorney Michael Davis, was informed of all the above facts [in last week’s column] and was told that I needed to see the brief before placing it into the Minnesota Court of Appeals. Yet it was submitted without me reading it first. And when this was mentioned to him, he stated that he didn’t know any rule that required that. But it’s called being a consumer. I can choose to buy goods and services and or to have them submitted or not.
At that point I put in a motion to have the brief and the appeal dismissed and that Michael Davis has been fired. I never got a judgment on my motion, the brief was accepted and Davis was still the attorney representing me against my will and at my expense.
Sixth, my post-conviction attorney was Darrell Graham, who placed a few new issues in the post-conviction, but didn’t place any of the above stated issues in the post-conviction to Hennepin County District Court. Graham worked at Wintorp and Wienstine in Minneapolis. He did the post-conviction pro-bono to his firm, but he received $10,000 for his services.
Before the post-conviction brief was placed in the court I asked Graham how did his firm feel about him doing this post-conviction and he stated “no one tells him what to do.” Yet before the brief was placed in the Hennepin County District Court, Graham no longer worked at Winthorp & Wienstine. The post-conviction was submitted from a firm in St. Louis, MO.
Graham knew nothing about the year and day limitation under the ADPEA, which I mentioned to him many times while he was working on my post-conviction. Plus, he failed to submit an appeal to the Minnesota Supreme Court in order for the issues to be raised in the Federal District Court.
When I spoke to him concerning these issues he simply stated, “You should just go on and do the time.” This was a complete change from before submitting the post-conviction, and I was never informed of the total change in attitude.
Finally, I am convicted of the use of a dangerous weapon on four counts of second degree assault under M.S.A. 609.11. But this charge was never submitted to a jury and proven beyond a reasonable doubt. This being a clear violation of the Sixth Amendment of the U.S. due process; Article 1, Section six and seven of the Minnesota Constitution; U.S. v. Apprindi; U.S. v. Blakley; and in re Winship due to the fact that it was an increase of six years of time based upon factors that must be submitted to the jury and proven beyond a reasonable doubt.
The only attorney I found that was willing to help me fight the outrageous and egregious injustices against me was Harlan Goulett, who was a law school professor at Hamline University. Who just up and mysteriously had a heart attack and died as he was preparing to submit my post-conviction. Now as I get older I really don’t believe in coincidence.
Lovell Oates lives in Lino Lakes, MN.
