6 1 07 nvd doc 1-3 affidavits and exhibits for complaint nvd 244 white v sbn holmes sferrazza...

7/29/2019 6 1 07 NVD Doc 1-3 Affidavits and Exhibits for Complaint NVD 244 White v SBN Holmes Sferrazza D.nev._null_null_0

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Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 1 of 29

AFFIDAVIT OF DEVONT Y L MONT IHLLIAMSSTATE OF NEV D ) ss:C RSON CITY

I, DEVONTJ\y L MONT WILLIAMS, do aver under penalty of perjury andsays:

1 That I am the named affiant, and have read the foregoing Affidavit insupport of the Civil Rights Complaint in this action and know the contentsthereof. and th/lt the assertations of the Affidavit are based upon personalknowledge, and is able to test i fy to said assertations i f called to do so,and the same are true to the best of my knowledge. except as to those mattersstated on information and belief.

I was in the Washoe County Jail when my apoointed attorney Mr. Malonecalled me out of my cel l . He came down to discuss my case. While discussing my

.case I started to feel like Mr. Malone wasn't on my side. The f i rst , thing hesaid to me was you're not going to beat tli.is case you blacks always rob whitepeople. So, he stated I have a deal for you. I told him t ha t did not com-mit no robbery and wasn It interested in a deal. So, fel t that Mr. Malonewasn't on my sid'e. Be was there to talk me into taking a deal. In which I wasn'tinterested in taking. I tole MI . Malone how I fel t and what I was thinking.I told h.im that r didn't feel like he wanted to see me go home, f i rs t was be-cause was a b'l ai :kman and my second court heari ng, Mr. Ma lone was told by methat there was a video tape at a local casino (El Daorodo) of me on i t duringthe time of the I'obbery in which would clear me and prove my innocence. Mr. Ma-lone then lied to me stating that the casinos get rid of all survalance tapesafter 2 or 3 days. Because I was knew to the area I didn't question him any-more because he ~ a s my voice to the court, trusted him. Now at this time of


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my case i t was still early only 40 days or so after the crime so if he wouldhave out-in a court order to submit the tape I would not be here in NSP. I

. would be home wHh my family. Secondly, is because Mr. Malone was so wantingme to take a deal instead of fighting for my freedom as I did not commit thealleged crime. So I told Mr. Malone that I felt like he was trying to send meto prison. I also told him I felt like he wasn't a good lawyer. Mr. Malone thenbecame upset with me for what I said. Then he states that he doesn't have toexcept my opinions of him and walked out of the room in anger. In the WashoeCounty Jail. I then returned back to my room, certain to fire Mr. Malone, whenhe comes back and calls me back to the room in which we previously were in. Mr.Malone, apologized to me for not being able to take my critizing him being hisclient and all. Then he starts to tell me he understands the position I'm in.That he understclnds its hard being Black in Reno that its hard being Blackwith a case in Reno and being Black and inn acne with a case in Reno. Thathe's seen i t sd many times its the Judges, juries and police.

I excepted his aplogr and went back to my cell. The next time I saw Mr.Malone was the day. of my plea. I was told by Mr. Malone. If I wanted to get outand go home plea guilty to follow his lead, in which I did, but was sent toprison for 22 months to 96 months for a burglary I did not commit.

Being without knowledge of the law Mr. Malone did not advise me of myright to apoeal nor did he file any appeal on my' behalf and after the time had'ran I file a PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION) O ~ 26,'2004, case numbE r CR03-l869. See Exhibit A attached hereto and incorporateo'by reference.

Executed under penalty of oerjury this day of June, 2006,. p u r suan t. to NRS 2 0 8 1 6 5 . . liIoJ_ J c~ ? ( ) N f W '


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DECLARATION OF N ZIM C SEYSTATE OF NEV D

s s :C RSON CITY

I , Nazil. Casey, hereby s t a t e under penal ty of per ju ry , thefo l lowing :

During 1:he proceeding of my case unknown) in the WashoeCounty D i s t r i c t Court before Judge Steven R. Kosach, t was shownt h a t I and my family were l o y a l fans of the San Francisco Gaintsb as eb a l l team. Sometime, p r i o r to sen tenc ing in June, 2004, JudgeSteven R. Kosach, acknowledged rec i ep t o f seasoned t i c k e t s to San

ranc isco Gain t s games by s t a t i n g to me in open cour t thanks fo rt i c k e t s .

I dec la re under penal ty o f per ju ry t h a t the foregoing i st r u e and cor rec t . 28 U.S.C. I 1746 and 18 U.S.C. I 1621.

Executed on t h i s ~


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Otis J . Hughes, IIINSP-81681P.O. Box 607Carson City, NV 89702

August 29, 2005

STATE BAR OF i ~ E V A D A9456 Double R Blvd., Ste. BReno, NV 89521

RE: Attorneys violation of Rules of Professional Conduct/John Halone, DPDCase Nos.CR02-5626; RCR2004-013347 and CR04-0175 and John Calvert, Esq.,CR04-0175 and SC 43574Members of t h ~ Bar:

John Halone was assigned to my trafficking case in 2003{Case No. Unknown) was ;irrested April 27, 2003, and met Hr. Halone at my preliminaryhearing. Jonh Halone told me that there was nothing he could do for me. Hetold me that the managers{Keno Motel) told on me and that f should take adeal. I told him no deal."John Halone would not give me my police report so had to call mymother and te'll her t h a t ~ H a l o n e wont give me my police report .My m o t h ~ r called Hal one and told him that If he didn ' t give me my policereport that she would go to the State bar association on him. So he then gaveme my pol ice Ieport.When I ead my police report I discovered tha t Halone had withheld information from mo. I called my mother again and she phone the Hayor's off ice ofReno. Halone, had withheld the facts of the Hotel managers using and being in.,ossession of crack cocaine, and begin to work with the pol ice officers as un-dercover people to set me up. I asked Halone why did he not inform me aboutsaid facts and he stated "I Just found out about them and that bullshlt didn' tmatter anyway."John Halone kept on trying to get me to take deals even though I made

t clear that wanted to go to t r ia l and I t was obvious that I was Innocento f the charge ;. John Halone was te l l ing me things ike "I'm stupid. If I thinkcan beat thE,se charges I would be a fool to take this case to t r ia l . Addi t ional ly , hE stated "that I'm black with braids in my hair which Is a dls-scr ipt ion of c drug dealer and I would be found guil ty because Reno Is a pre-jud i ce town."

On JunE 12, 2003, the day al l charges were dropped against me, John Halone st i l I t r ied to get me to take a deal. John Halone sa i d The case is abou1:0 be dismissE,d but Instead of going home you need to take this special deal


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State Bar of NevadaAugust 29, 2005Page Two

-.- r,, ;

that the D wants to give you. He brought the D In to offer me a deal . I saidno. The D sa I d "that he knew that An I ta Rob Inson was not the one tha t w assell ing dope and he was prepared to le t Anita Robinson go If I take hi s specialdeal." I said NO because the charges are about to be dismissed and both of usis going home. John Malone and the D threatened to take me to the Grand Juryi f I d Idn' t tak'e the dea I 1 s t III sa I d no and a II charges were d Ism Issedagainst me and ~ s . Robinson. Halone, begin to state that he had looked intothe phone records of my Iast case and he sa I d ' ' ' that I had a murder case on me"and I toled him he was wrong. Further, he stated "Your mother threated to havemy licence taken, but I 've been working In Reno for 10 years and I don t carewhat she t ry to do to me. By the way, don't catch another case in Reno."

In regards to the Instant case. John Halone was appointed to representme. I attempted to remind him of the previous case and did not want him on mycase. He pretended that he didn ' t recall representing me In 2003. This was casenumber CR04-0175. Immediately he wanted me to take a deal on th is case. Hes ta ted the case could not be beat and he was ready to walk down the as le to mysuicide with me, he said i t didn' t matter to him. In my preliminary hearingMalone didn t ,ask the questions of witnesses that I wanted a t al l . He Justlooked a t me and laugh and then said to Judge Albright "I have nothing further ."I told Malone t l ~ a t he wasn't helping me and why didn' t he ask the witnessespertinent questions. He said "Who's the attorney?' You are me." I said thatyou are incompetent and I want you off of my case because you are helping theDA Instaed of m, . And he said that "I 'm just a petty Drug Dealing Nigger andi t didn ' t matteir to him what I thought /1 told Malone to get off my case andhe did. Stating "I have too, because I 'm representing a witness that is goingto tes t i fy against you."

John Calvert t ~ k over as my attorney. In court Calvert told the judge that heneeded more tim, to get ready for t r ia l . The judge told Calvert that when hewas an attorney he had to take cases a t short not Ice and I f he cou Id do I tCalvert could do i t .Calvert then to'id me that he can do nothing for me because he need t ime toprpare for trla'l and there Is nothing I can do. Calvert told me he could getme a sweet deal,. I told Calvert that I didn' t want a deal. Then, he Calvertsaid "that he W.IS better than Malone and I should l is ten to him." I f e l t pressured by Calvelt 's mentioning of Malone, and when I refused the deal he wouldnot come talk wiith me In the County Ja i l .I wrote the jud le about Calvert but wasn't anything done about him. See Exbl-b i t a'"A" a t tachEld.I did not want I deal. I went to confirm t r ia l three t imes. Calvert to ld metha t he talked to the D and that the D wasn't gonna ask for a lot o f time.Calvert told me that he was gonna get me a 2-5 year deal. He told me tha t hecannot win a t t l ' ial and i f I get a 2-5 I would do a turn around in prison. Heto l s me that thElY have a lot of programs in prison that would send me homeearly . Calvert told me tha t I t would be better to take a two to f ive ye r deal'"


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State Bar of Ne,vada August 29 2005August 29 2005Page Threethan go to ~ x i . tr ial and get 10 to l ife. Calvert told me that he appears Infront of Judge Kosach everyday and that the Judge always goes along with hisrequests. Calvert then put the deal In front of me and gave me a pen and saids Ign It you have noth i ng to worry about. I refused to sign the plea agreement. Shortly, thereafter Mr. Calvert advised me of his conversations with theD and Officer Ken Harmon. He stated h worked out a deal for a reduced chargeof trafficking with Mr. Stralla to gurarantee me that I would get the two-fiveyears and showed me a amended information and reminded me that I was facing al i fe sentence and he got the D to reduced the charge If I cooperate. He Thenstated that Ken Harmon wanted me and he too agreed to the reduce charge. Ithen signed the plea agreement for the two-to-flve years. When I went to sentencing the judge gave me four-to-flfteen.John Calvert was my appeal attorney too, he would not do my appeal. The NevadaSupreme Court tbreatened to fine him If he didn't do my appeal. I kept writtinghim asking what Is the status of my appeal. He nevered answered my le t ters JohCalvert neglected me In my appeal case the same way he did during t r ia lI believed Calvert took my case to make sure that I got time In prlosn, becausehe was working with the D and Ken Harmon. He \led to me about taking a 2-to-5years deal. My appeal was denied in Feb. 2005. I didn't find out about It untilApril 2005 and I had to write the Carson City clerk to find out that informa-tion.I believe the following demonstrates violations of Professional Conduct, andask for your assistance in checking Into the attorney violations.

Sincerl,.

t s J H u , ~ h e s


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1 CASE NO:2 DEPl' NO:S45678

IN THF: SEr,OND JUDICIAL DISTRICT COTJRT FOR THE STATE OF NEVADAN AND FOR THl : r,OUNTY OF WASHOE

9 KENNETH W. DORSEY,:Peti t ioner,10VS.

12 STATE OF NJ


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1 That i he (Pet i t ioner) does n t take the deal they are2 offer ing him, they would give him the Bitch, (Habitual8 Criminal) , 25 to l i fe , because the jury would be a l l4 redneeks and would hang him and t ha t the grand jury was5 prohably a l l rednects also.6 h. Affiant sta ted t.hat affiant feels that Kenny is being charged by7 the color of his skin and not as a U.S. Cit izen, aff iant further asked Hr.8 Giese i f he, would check into the grand jury proceedings, the probable cause9 issue and t.he improper selection o.f the grand jury, Mr. Giese, replied as

10 follows:11 That t would be a meaningless pre - t r i a l arguement.12 Affiant sayth naught fur ther .131415161718192021

22232425262728

Dated th is ....;fh/ I day of October I997

SUBSCRIBED and 5IORN TO BEFORE low1'''IS O l}j I AY OF Cc -/I/Z1L-I997

2

-?/ - - - ~ - -~ / ~ r -

: ~ sHiRLEy RODGERS8 otary Pub c State of Nevada j; ; ; ; ~ ~ ~ ; ' ; ~ l . r . ~ ~ . J

Notary Public Seal


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Kenneth W;3.yne Dorsey911 Parr Blvd.Reno, NV 89512_

BRUCE D V O O R H SATTORNEY AT LAW

423 W. PLUMB L.ANERENO .Ne:VAOA 895 9

TELE.PHONE 775) 323-1311

January 10, 2003

RE: State v. Dorsey _Case Nos. CR02-0386 and CR02-0676Dear Mr. Dorsey:

The State has made the following offer in your matters.-

In exchange for your guilty plea to one count of burglary in each casethe StateWOuld dlSmlss th one grand k n y count and not pursue the ~ b i g - - - ,-habitual criminal status which carries one of three possible penalties; 1 life ._ without the possibility of parole, 2) life with the possibility of parole, witheligibility ofparole beginning after a minimum of en years has been served, or

3 Jor a definite term of twenty-five years, with eligibility of parole beginningwhen a minicnum of ten years has been Served. -Addit:ionaliy, the State would require tqat you stipulate to a 4-1 0 yearsentence in each case and that the sentencell run consecutively to each other.The offer will remain open until March 26, 2003 which is one weekbefore your motion to confirm.I f you have any questions or comments, please do not hesitate to_ ontact me.

Sincerely,

Bruce D.Voorhees .BDV:ksm


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June 3 2003

Kenneth Wayne Dorsey, 0202556WCDC911 Parr Blvd.Reno,}rV 89512-1000

RE: Grievance / Bruce Voorhees, Esq.Dear Mr. Dorsey:

Please allow this letter to acknowledge your correspondence of May 28 2003, to theState Bar of Nevada regarding your grievance against Bruce Voorhees, Esq.

A review of the information provided indicates that your grievance against Mr. Voorheesis essentially a procedural issue best handled in the appropriate court settings. In fact, yourcorrespondence indicates that you have filed a civil matter against Mr. Voorhees in Case No.CV-N-03-022-HDM-VPC in federal court. Furthermore, the appeal of your state criminal matterappears to be pending before the Nevada Supreme Court in Kenneth Wayne Dorsey vs State oNevada Supreme Court No. 40827.

The Office of Bar Counsel and the disciplinary boards of the State Bar are not substitutesfor the court system. The State Bar has no authority to take any action which could affect theoutcome of any pending or contemplated litigation. Accordingly, this matter is at this time,more appropriately handled in the proper judicial forums.

Therefoie the glievance has been dismissed and as such this matt :;r is closed. f a j ~ d g ~makes any findings that clearly establish professional misconduct, you may submit thatinformation with any supporting documentation for reconsideration.Thank you for bringing this matter to the attention of our office.

p illip J. Pattee_Assistant Bar CounselCc: Bruce Voorhees, Esq. (with enclosures)

------

www.nvbar.O600 East Charleston La:; Vegas, Nevada 891 4 702-382-2200 800-254-2797 Fax 702-382-8747 Ii- .

1325 Airmotive Way Suite 140 Reno, Nevada 89502 Fax 775-329-0522 ~


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1 DECLARATION OF GILBERT TYLER2 STATE OF NEVADA s s :8 CARSON CITY4 I . GILBERT TYLER. hereby dec la re under pena l ty o f per ju ry5 and says:6 1 . Decla rant . g ives t h i s declara t ion in support o f Case

of which he i s a par ty and in -8 t e r es ted in the outcome: has persona l knowle,dge of the f a c t s con-9 ta ined here in . and i cal led to t e s t i f y . ,am competent and1 qua l i f i ed to do so .11 2 . That , dec l a ran t upon being ares t ed and charged by Crim-12 i na l Complaint and Information fo r a l l eg ly committing v i o l a t i ons o f13 NRS 205.110. NRS 205.165. NRS 205.060, and NRS 205.090 a l l f e lon ies14 was appointe.d Er ic Nichol of the ~ s h o e County Publ ic Defender15 Off ice .16 3 . Right away he began to of f e r me a dea l and then began to17 th ra tened me when I re fused to plea gu i l ty . I moved to have Mr.18 Nichol removed from my case without success , because o f h is unpro-19 fess ional . ac t ions . e .g he s t a t ed I 'm t ry ing to hel.p you. You2 should tak.e the dea l . I t e l l you now. Roger Whomes i s a known21 r a c i s t and he ' l l . see to it tha t you wi l l not ge t a f a i r t r i a l .224 Shor t ly before t r i a l the cour t appointed PAUL GRISE. ESQ . 23 and HERMAN HERBIG. ESQ. Mr. Grise withdrew sho r t ly a f t e r being ap-24 pointed because o f difficul: . t i ' n communicating with me on i s sues25 and discovery o f evidence on the case . He s t a t e d You cannot t e l l .26 me what to do on present ing i ssues . i you go to t r i a l you wilel- be--27 conv ic t ed .

5 . Hexman Herbig . took over my case and began to immedia te l


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1 s t a t e " i f we: t ake t h i s c a se to tri l the s t a t e w i l l pick a REDNECK j u r y and hang us . ' because you ' r e a black man.

3 6 . Decla ran t . r eques ted by numberous f t t e r s t o t h e c o u r t and4 f ami ly members to have the above named a t to rn ey s removed because o f5 t h e i r a c t i o n s and s t a t ement s in r ep resen t in g me. Fina l ly . dec la ran t6 went to tri l and was convic ted o f th e a l l eg ed o f fen ses .7 7. On in format ion and b e l i e f , Ian Bagger, was heard to say8 More an l i k e l y it wouldn ' t be a f a i r tri l because o f an ll9 whi te j u ry . "

10 I dec la re under penal ty o f f p e r j u r y t h a t t he fo rego ing is11 t r u e and c o r r e c t . See 28 U.S.C. I 1746 and 18 U.S C I 162123456789

2222232425262728

Executed th i s ; ,? gPrison , Carson Ci ty , Nevada.

day o f October , 2002, a t Nevada S t a t e

C 2 t ~ ~ _ 7 ~ ~ ~ _ ' 6GILBERT T Y L E R

-2 -


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Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 23 of 29.

'

1 Case No. CRDO-1979B

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FILE2 Dept. No. 6 2 2 JUL 22 PH 2: 06

RONALD A LONGTIN JR3456789

10

BY

IN THE SECOND JUDICIAL DISTRICT CXXlRT OF IHE STATE OF NEVADAIN AND FOR IHE CXXlNTY OF WASHOE

MARVIN LEE MORRIS

PetitionerVs.

. ----PETITION FOR WRITOF HABEAS mRPUSPOST-CONVICTION )

12 THE STATE OF NEVADA13 MICHAEL BUDGE, Warden14 ____________ R ~ e ~ s p o ~ n ~ d ~ a n ~ t ~ ____ 115 INSTRUCTIONS:16 1) This peti t ion must be legibly handwritten or typewritten, signed by171819202122232425262728

the peti t ioner and verified.2) Additional pages are not permitted except where noted or with respectto the facts ' ,bich yoo rely upon to support your grounds for re l ief Nocitat ion of authorities need be furnished. I f briefs or arguments aresutmitted, th,3Y sbould be sutmitted in the fonn of a separate manorandun.3) f Yl)u want an attorney appointed, yoo must canplete the affidavi tin support of request to proceed in FOR>1A PAUPERIS. You must have anauthorized officer a t the prison canplete the cert i f icate as to the amountof money and llecurities on deposit to your credit in any account in theinst i tut ion.4) You HUlst name as respondant the person by whan yoo are confined orrestained. f yoo are in a specific inst i tution of the department ofprisons, name the warden or hcaQ. of the inst i tution. f yoo are not in ,a specific inllt itution of the department but within i t s custody, name thedirector of the department of prisons.

{5) Yoo must include l l grounds or claims for re l i e f which you may haveregarding yoor conviction or sentence. Failure to raise l l grounds in th ispeti t ion may preclude you fran f i l ing future petitions challengin yourconviction and sentence.


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1 7. Nature of offense involved in conviction being challenged: Robbery2 with the use o f a f i rearm8 8. What was your plea? (check one)

(a) Not guil ty (b) Guilty _ _ (c) Nolo contendere9. I f you entered a guilty plea to one count of an in.dictment or

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infmmation, and a not guilty plea to another count of an indictment orinfonnation, or if a guilty plea was negotiated, give detai ls: My CounselJoseph D. Merkin, Deputy Publ ic DEfender s t a t ed I c o u l d n t win int h i s REDNECK TOWN and hi s jnyes t iga to r offe red money to t akethe dea l . On a ~ u a r y 8, 2002, i n v e s t i g a t o r Larry Carlson, drop o f f20.00 and prom1sed me more when I get to pr i soo

10 10. I f you were found guil ty af ter aplea of not guilty, was the finding11 made' by: (check one) N/A to t h i s s ec t i o n1213

a) ury_ (b) Judge without a jury _11. Did you tes t i fy a t the t r ia l ? Yes No

14 12. Did you appeal fran the judgtT'E'nt of conviction?15 Yes No lL16 13. I f you did appeal, answer the following:1718192

(a) Name of court: . . . : _ A(b) Case number or citat ion: -- -IA: c -:-(c) Result: N ~ ~ A ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(d) Date 0f result : _ _ _ _ _ _ _ _ _ _ _ _ _ ..:;N /c.:A = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

21 (Attach copy of order or decision, if available.)2223 124 I11I5 I

26 1 112728 3


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128456789

1111213141516171819202122232425262728

.. (- 14. I f you did not appeal, explain briefly why you did not: I was to ld

by Mr M e r ~ : i n I could not aEEeal

15. Other than a direct appeal fran the judgment of conviction and ,sentence, have you previously f i led any petitions, applications or motionswith respect to this judgment in any court, state or federal Yes No X- -

16. I f your answer to No. 15 was yes, give the following information:(a) 1. N :rne of court: N/A

2. Nature of proceeding: N/A

3. G:rounds raised: NI.A

4. D:ld you receive an evidentiary hearing on your peti t ion, i .application or motion ? Yes No N/A- -

5. RElsult: N/A6. Dc te of resul t : N/A7. f known citat ions of any written opinion or date of oIDers

entered pursucillt to such resul t : NI.A

(b) s to any second peti t ion, application or motion, give the sameinformation:

1. Nature of court: NI2. Natue of proceeding: N/A

I I I4


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10111213141516171819202122232425262728

l . ((al round one: COUNSEL S OMISSIONS DEPRIVED PETITIONER OF THEEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE DUEPROCESS AIIID EQUAL PROTECTION CLAUSE IN VIOLATION OF THE 5th, 6th14th M E N [ ~ E N T S OF THE UNITED STATES CONSTITUTION.Supporting F. \CTS (telling your story briefly without citing cases or law.):

(1 ) COUNSE:L FAILED TO DETERMINE AND INVESTIGATE WHETHER PETITIONERWAS COMPET'ENT TO PROCEED TO TRIAL OR ENTER A GUILTY PLEA; .F) PETITIONER WAS NOT COMPETENT TO ENTER A PLEA OF GUILTY; (3) PE 1-TIONER S DECISION TO PLEAD GUILTY WAS PREDICATE ; EXCLUSIVELY ONTHE INEFFECTIVE ASSISTANCE OF COUNSEL: {4 PETITIONER S DECISION(Continue 8A)(b) Ground two: NlASupporting F J ~ S (telling your story briefly without citing cases or law.):

- - NlA

(c) Ground three: N/A

Supporting FJ\crS (telling your story briefly without citing cases or law.):': IlA

(d) rourxi four: Nl6

Supporting FACTS (telling your story briefly without citing cases or law.):': ItA

8-


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Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 27 of 29. ~

(Continuation of GROUND ONE and Supporting FACTS)TO PLEAD GUILTY WAS THE RESULT OF DURESS BY DEFENSE COUNSEL; (5)DURING THE MONTH OF SEPTEMBER, 2001, MR. MERKIN STATED "I GOT ADEAL FOR YOU. JrOU ARE A BLACK M N IN RENO. YOU CANNOT WIN, THIS ISA REDNECK TOVIN. I ADVISE YOU TO TAKE THIS DEAL I'M OFFERING. ' I'BEEN KNOWING JUDGE ADAMS FOR FIFTEEN YEARS. EVERYTHING I TELL HIMfIT GOES. SO, IF YOU GO TO TRIAL YOU ARE GOING TO GET MORE TIME :(6) FURTHER, COUNSEL STATED "I DON'T KNOW WHY YOU D O N ~ T JUST TAKETHE DEAL. YOU CAN'T READ OR WRITE NYW Y TO KNOW WHAT'S GOING O N ~ :til PETITIONER's pr.EA O ~ o ( i U l : L T Y , W A S ~ O T F.;NTE:RED K f l ~ I I I N G L Y , INTELLIGF:NTLY AND VOLUNTARILY BF:CAUSE OF DECIET,. DURESS. OFFER OF MONEYAND INEFFECTIVE: ASSISTANCE OF COUNSEL; (8) PETITIONER WAS DENIEDHIS RIGHT TO THE EFFECTIVE REPRESENTATION OF CONFLICT-FREE COUNSELDUE TO AN. ACTUAL CONFLICT OF INTEREST THAT EXISTED WITH DEFENSECOUNSEL; (9) PET'ITIONER' S,DECISION TO PLEAD GUILTY WAS ALSO THERESULT OF DEFENSE COUNSEL'S INVESTIGATOR i'S OFFER OF MONRY WITHDEFENSE COUNSEL' S KNOWLEDGE; q:O) ON OR ABOUT NOVEMBER 6, 2001.PETITIONER RECEIVED A LETTER FROM COUNSEL INSTRUCTING HIM TO CO-'OPRATE WITH THE INVESTIGATOR CARLSON(A Copy of sa id l e t t ~ r i s a t-tached hereto and incorporated herein by reference): (f i l ON OR'

~ R l J T JANUARV 7. 2002. MR. CARLSON. A D V I S F . : I > ~ E . PRESSURED ME ANDFORCE ME TO TAKE THE DEAl:> STATING HE'LL LEAVE SOME MONEY ON MYBOoKS (A Copy of :r :eceipti .s attached hereto and incorporated ,< ' ,herein byrefere" ;E JIIarkd Exhibit 2 ~ H E FURTHERED STATED OH BYTHE WAY. JOE ME,Ridiii ASKED ME TO TELL YOU 'IF THE JUDGE ASK YOU IF}OO WERE P R E s s m ~ E D IN THIS DEAL TO SAY NO : (12)" THE TRIAL COURTDENIED PETITIONIf:R HIS FIFTH AND FOURTEENTH AMENDMENT DUE PROCESSRIGHTS WHEN IT ACCEPTED HIS PLEA WITHOUT CONDUCTING THE MORE CAREFULEXAMINATION REQUIRED WITH RESPECT TO A CHANGE OF P L F ~ ON THE EVE OFTRIAL FOR MONEY DEAL PLEA : (13) PETITIONER'S PLEA OF GUILTY AND

SENTENCE ARE TAINTED UNDER THEC'6NSTITUTIONAL GUARANTEES OF DUEPROCESS AND E Q U J ~ L PROTECTION OF THE L W AND EFFECTIVE ASSISTANCE OFCOUNSEL OR CONFI.ICT-FREE COUNSEL DURING THE PROCEEDINGS: and 14)PETITIONER W S DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING THEPROCEEDINGS IN \'IOLATION OF HIS RIGHTS UNDER THE SIXTH AND F O U R ~TEENTH AMENDMEN1'S TO THE UNITED STATES CONSTITUTION. AS A RESULT OFTHE ERRORS OF DE:FENSE COUNSEL (which fell below t ~ e cpns t i tu t iona l lyrequired l evel of representa t ion) . P I I T I ~ Q N E R SUFFEREpPREJUDICEAND W S DEPRIVED OF HIS OPPORTUNITY TO PRESENT A DEFENSE;

-8A-


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Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 28 of 29. f r, \1 WHEREFORE petitioner prays that the court grant petitioner re l ief to2 which h may be entitled in this proceeding.8456789

EXEOlTED at Nevada S ta t e Prison on the 12th day of --

10111213141516

July . 2002.~ . ~ .

N/ASignature of attorney i f any

Attorney for petitioner

N/AAddress

< : rrn l _ 5 :02 =-< ......rSignature of petitionerAddress

17 VERIFlCATICN18 Under penalty of perjury the undersigned declares that h is the19 petitioner named in the foregoing petition and knows the contents thereof; that20 th pleading j,s true of his own knowledge, except as to those matters stated on21 infonnation and belief and as to such matters h believes then to be true.22 v CYJrWI t rh tnq [ i fYS

Petit ioner2324 Attorney for petitioner25 1 16 1III27 I I I I

9


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Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 29 of 29'C -WASHOE'COUNTY SHERIFF S OFFICEMONEY TRANSACTION RECEIPT

JID: P00000207BOOKING NO 0112610 NAME: MOPEIS, MARVIN LEEAMOUNTATE REF TRANS, )'CTION

_ .... _ _._ ., , , ,,\. .

PREVBALANCES CURRBALANCESCASH DEPOSIT 20.00

REMARKS: Larry Carlson 1/20)

MORRIS, MARVIN LEE

6 1 07 nvd doc 1-3 affidavits and exhibits for complaint nvd 244 white v sbn holmes sferrazza...

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