On April 8, it was reported that prosecutors filed a document stating that a Texas woman who was accused of killing a 54-year-old woman while drunk driving had the right to appeal her case. The woman pleaded guilty to intoxication manslaughter in November 2012.
Court records showed that the defendant, who was 21 at the time of the accident, told her attorney that she had been under the influence of heroin the night of the incident. As such, her attorney negotiated a plea deal to avoid having her questioned during the trial. However, the prosecutors conceded that she had not actually waived her right to appeal. While two previous attempts to appeal had failed, the reason for this appeal was because her current attorneys wanted to suppress un-Mirandized statements that were used against her.
The accident that she was convicted for occurred in 2011 at an intersection in Lubbock. According to the report, the defendant rear-ended the vehicle that was carrying the victim. She was sentenced to 15 years in prison. Since November 2014, she was reportedly being held in the Lubbock County Detention Center.
If a person has been convicted of a crime, a criminal defense attorney can look over the case to determine if their client’s rights were violated during the trial and if all of the procedures were properly followed. If the attorney finds that the person’s rights were violated, they may have the ability to file an appeal. If the appeal is successful, the court can investigate whether or not an erroneous error affected the outcome of the case.
Source: EverythingLubbock.com, “New Twist Jeena Roberts’ Case, Prosecutors Agree She Can File Appeal,” James Clark, April 12, 2015