Anthony Jones v. Warden (2012)

MEMORANDUM OF DECISION

THE COURT:  All right.   The Court is going to grant the motion.   Well, I'm going to deny the 15–8 motion on the grounds regarding abuse of the writ.   I will grant it on the pure basis of failure to state a prima facie case.

And to review the petition, this petition does not claim the Williams law firm or anything else.   Petitioner states—and I'll specifically—attorney was represented—Paragraph 6—on February 21, 2000—no;  I'm sorry.

Beginning November 27, 2001, the petitioner was represented at all times—to this petition—by John Williams and/or Norman Pattis.   That's Paragraph 4. It then goes on to talk about—again, makes the allegations.

There's no evidence before this Court as to what happened, who was in court, what discussions occurred.   There's nothing.

The only evidence presented by Attorney Pattis was, the only time I appeared in court was February 21st of 2002.   I increased the bond.

There's no evidence or no testimony—the Court doesn't even have evidence before it as to who appeared in court with Mr. Jones on October 1, 2001 when he was arrested on Case No. 2 and was incarcerated on a fifty-thousand-dollar bond.

That, in the Court's mind, is—I mean, that's the claim.   The claim is the bond should have been increased on or about October 2001, when he was arrested on the other matter and held;  and I don't even have evidence before me as to who appeared in court with him on that day, what he or she did, what conversations were had between the petitioner and that counsel.

And so I think the respondent is right;  there isn't a dearth of any evidence to—presented here before this Court.   The mere fact that the bond was not increased does not in and of itself establish ineffective assistance of counsel.

There's got to be at least some evidence presented before this Court as to why or why not that was done.   There could be lots of reasons why, but there could be reasons why not;  but it's not for this Court to speculate.   There's at least got to be some evidence.

And I think, more importantly, the only attorney here or the only evidence—the attorney that you make allegations against—the two attorneys you specifically alleged, Williams and/or Pattis, Pattis wasn't even in court on October 1, 2001, and there's no evidence that he appeared at any other date other than February 21, 2002, when the bond was increased.

So based on that, I'm going to grant the respondent's motion, and the matter is dismissed for failure to present a prima facie case of ineffective assistance of counsel.

And again, I say specifically that as to the attorneys who the allegations are made here, there's been no proof that Attorney Williams ever was in court with Mr. Jones on these particular files that are claimed here, and the only evidence of Mr. Pattis' appearance was February 21, 2002, which is after the fact;  and he did, in fact, increase the bond.

So the motion is granted.   The matter is dismissed.

The record should reflect that the petitioner will be given his notice of right to appeal.

If counsel does intend to appeal, judgment file shall be prepared and presented to the Court within thirty days.   And we'll stand adjourned.

I'll order a comment—I mean, I'll order a transcript of the Court's ruling on this motion, which will stand as the Court's memorandum of decision in this matter.

And we'll stand adjourned until 10 a.m. tomorrow morning in this courtroom.

John M. Newson, Superior Court Judge

Newson, John M., J.