6 1 07 NVD Doc 1-3 Affidavits and Exhibits For Complaint NVD 244 White V SBN Holmes Sferrazza D.nev. - Null - Null - 0

Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 1 of 29
AFFIDAVIT OF DEVONTAY LAMONT IHLLIAMS

STATE OF NEVADA )
~
ss:
CARSON CITY
I, DEVONTJ\y LAMONT WILLIAMS, do aver under penalty of perjury and
says:
1 That I am the named affiant, and have read the foregoing Affidavit in
support of the Civil Rights Complaint in this action and know the contents
thereof. and th/lt the assertations of the Affidavit are based upon personal
knowledge, and is able to testify to said assertations if called to do so,
and the same are true to the best of my knowledge. except as to those matters
stated on information and belief.
I was in the Washoe County Jail when my apoointed attorney Mr. Malone
called me out of my cell. He came down to discuss my case. While discussing my
.case I started to feel like Mr. Malone wasn't on my side. The first, thing he
said to me was "you're not going to beat tli.is case you blacks always rob white
people." So, he stated I have a deal for you. I told him that! did not com-
mit no robbery and wasn It interested in a deal. So, ! felt that Mr. Malone
wasn't on my sid'e. Be was there to talk me into taking a deal. In which I wasn't
interested in taking. I tole MI!. Malone how I felt and what I was thinking.
I told h.im that r didn't feel like he wanted to see me go home, first was be-
cause I was a b'l ai!:kman and my second court heari ng, Mr. Ma lone was told by me
that there was a video tape at a local casino (El Daorodo) of me on it during
the 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 tapes
after 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
my case it was still early, only 40 days or so after the crime so if he would
have 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 wanting
me to take a deal instead of fighting for my freedom as I did not commit the
alleged crime. So I told Mr. Malone that I felt like he was trying to send me
to prison. I also told him I felt like he wasn't a good lawyer. Mr. Malone then
became upset with me for what I said. Then he states, "that he doesn't have to
except my opinions of him and walked out of the room in anger. In the Washoe
County Jail. I then returned back to my room, certain to fire Mr. Malone, when
he 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 his
client 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 "Black
with a case in Reno" and being "Black and inn acne with a case in Reno." That
he's seen it 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 out
and go home plea guilty, to follow his lead, in which I did, but was sent to
prison 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 my
right 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) 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,. pur suan t
. to NRS 208.165. '. . 1liIoJ_ J; c

Case 3:07-cv-00255-BES-VPC Document 1-3 Filed 06/01/07 Page 3 of 29 ,
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EXHIBIT
DECLARATION OF NAZIM CASEY
STATE OF NEVADA )
) ss:
CARSON CITY )
I, Nazil. Casey, hereby state under penalty of perjury, the
following:
During 1:he proceeding of my case (unknown) in the Washoe
County District Court before Judge Steven R. Kosach, it was shown
that I and my family were loyal fans of the San Francisco Gaints
baseball team. Sometime, prior to sentencing in June, 2004, Judge
Steven R. Kosach, acknowledged reciept of seasoned tickets to San
" Francisco Gaints games by stating to me in open court thanks for
tickets."
I declare under penalty of perjury that the foregoing is
true and correct. 28 U.S.C. I 1746 and 18 U.S.C. I 1621.
Executed on this ~
EXHIBIT r
Otis J. Hughes, III
NSP-81681
P.O. Box 607
Carson City, NV 89702
August 29, 2005
STATE BAR OF
9456 Double R Blvd., Ste. B
Reno, NV 89521
RE: Attorneys violation of Rules of Professional Conduct/John Halone, DPD
Case Nos.CR02-5626; RCR2004-013347 and CR04-0175 and John Calvert, Esq.,
CR04-0175 and SC 43574
Members of Bar:
John Halone was assigned to my trafficking case in 2003{Case No. Un-
known) I was ;irrested April 27, 2003, and I met Hr. Halone at my preliminary
hearing. Jonh Halone told me that there was nothing he could do for me. He
told me that the managers{Keno Motel) told on me and that f should take a
deal. "I told him no deal."
John Halone would not give me my police report so I had to call my
mother and te'll her wont give me my police report.
My called Hal one and told him that If he didn't give me my police
report that she would go to the State bar association on him. So he then gave
me my pol ice Ieport.
When I I"ead my police report I discovered that Halone had withheld infor-
mation from mo. I called my mother again and she phone the Hayor's office of
Reno. 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 about
said facts and he stated "I Just found out about them and that bullshlt didn't
matter anyway."
John Halone kept on trying to get me to take deals even though I made
it clear that I wanted to go to trial and It was obvious that I was Innocent
of the charge!;. John Halone was telling me things I ike "I'm stupid. If I think
I can beat thE,se charges I would be a fool to take this case to trial." Ad-
ditionally, hE, stated "that I'm black with braids in my hair which Is a dls-
scription of c' drug dealer and I would be found guilty because Reno Is a pre-
jud i ce town."
On JunE, 12, 2003, the day all charges were dropped against me, John Ha-
lone stilI tried to get me to take a deal. John Halone said" The case is about
1:0 be dismissE,d but Instead of going home you need to take this special deal
State Bar of Nevada
August 29, 2005
Page Two
-.-"r,
, " ;
that the DA wants to give you. He brought the DA In to offer me a deal. I said
no. The DA sa I d "that he knew that An I ta Rob I nson was not the one tha twas
selling dope and he was prepared to let Anita Robinson go If I take his special
deal." I said NO because the charges are about to be dismissed and both of us
is going home. John Malone and the DA threatened to take me to the Grand Jury
if I d I dn' t tak'e the dea I. 1st III sa I d no and a II charges were d Ism I ssed
against me and Robinson. Halone, begin to state that he had looked into
the phone records of my I ast 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 have
my licence taken, but I've been working In Reno for 10 years and I don't care
what she try 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 represent
me. I attempted to remind him of the previous case and did not want him on my
case. He pretended that he didn't recall representing me In 2003. This was case
number CR04-0175. Immediately he wanted me to take a deal on this case. He
stated the case could not be beat and he was ready to walk down the asle to my
suicide with me, he said it didn't matter to him. In my preliminary hearing
Malone didn't ,ask the questions of witnesses that I wanted at all. He Just
looked at me and laugh and then said to Judge Albright "I have nothing further."
I told Malone he wasn't helping me and why didn't he ask the witnesses
pertinent questions. He said "Who's the attorney?' You are me." I said that
you are incompetent and I want you off of my case because you are helping the
DA Instaed of m,!. And he said that "I'm just a petty Drug Dealing Nigger and
it didn't matteir to him what I thought!/1 told Malone to get off my case and
he did. Stating "I have too, because I 'm representing a witness that is going
to testify against you."
John Calvert over as my attorney. In court Calvert told the judge that he
needed more tim,! to get ready for trial. The judge told Calvert that when he
was an attorney he had to take cases at short not I ce and I f he cou Id do It
Calvert could do it.
Calvert then to'id me that he can do nothing for me because he need time to
prpare for trla'l and there Is nothing I can do. Calvert told me he could get
me a sweet deal,. I told Calvert that I didn't want a deal. Then, he Calvert
said "that he W.IS better than Malone and I should listen to him." I felt pre-
ssured by Calvelt's mentioning of Malone, and when I refused the deal he would
not come talk wiith me In the County Jail.
I wrote the jud!le about Calvert but wasn't anything done about him. See Exbl-
bit a'"A" at tachEld.
I did not want ,I deal. I went to confirm trial three times. Calvert told me
that he talked to the DA and that the DA wasn't gonna ask for a lot of time.
Calvert told me that he was gonna get me a 2-5 year deal. He told me that he
cannot win at tl'ial and if I get a 2-5 I would do a turn around in prison. He
tols me that thElY have a lot of programs in prison that would send me home
early. Calvert told me that It would be better to take a two to five year deal'"
State Bar of Ne,vada August 29, 2005
August 29, 2005
Page Three
than go to trial and get 10 to life. Calvert told me that he appears In
front of Judge Kosach, everyday and that the Judge always goes along with his
requests. Calvert then put the deal In front of me and gave me a pen and said
"s I gn It, you have noth i ng to worry about." I refused to sign the plea agree-
ment. Shortly, thereafter Mr. Calvert advised me of his conversations with the
DA and Officer Ken Harmon. He stated he worked out a deal for a reduced charge
of trafficking with Mr. Stralla to gurarantee me that I would get the two-five
years and showed me a amended information and reminded me that I was facing a
life sentence and he got the DA to reduced the charge If I cooperate. He Then
stated that "Ken Harmon, wanted me and he too agreed to the reduce charge." I
then signed the plea agreement for the two-to-flve years. When I went to sen-
tencing the judge gave me four-to-flfteen.
John Calvert was my appeal attorney too, he would not do my appeal. The Nevada
Supreme Court tbreatened to fine him If he didn't do my appeal. I kept writting
him asking what Is the status of my appeal. He nevered answered my letters. John
Calvert neglected me In my appeal case the same way he did during trial.
I believed Calvert took my case to make sure that I got time In prlosn, because
he was working with the DA and Ken Harmon. He \led to me about taking a 2-to-5
years deal. My appeal was denied in Feb. 2005. I didn't find out about It until
April 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, and
ask for your assistance in checking Into the attorney violations.
Sincerl,.
Ot I s J.
(
(
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EXHIBIT ~

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1 CASE NO:
2 DEPl' NO: ___ _
S
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IN THF: SEr,OND JUDICIAL DISTRICT COTJRT FOR THE STATE OF NEVADA
IN AND FOR THl': r,OUNTY OF WASHOE
9 KENNETH W. DORSEY,
:Petitioner,
10
11
VS.
12 STATE OF NJ<;VADA, WASHOE
COUNTY SHERIFF, et al.,
13 Eespondents.
U /
15 STATE OF )
) SSe
16 COUNTY OF WASHOE )
AFFillA1!IT OF
MS. KIM ANN PONSOCK
17 I, Kim Ann Ponsock, First duly deposes and says as
18 follows:
19 I. rh8t vour af"iant on or al,out Octoher 2nd, 1997, sooke with the
20 P"titioners Le<;lIl r,ollnsel, Palll r,. Giese, while affiant was inquiring
21 into PeUt:loners Criminal Cllse.
22 2. That Ilpon a friant asking ... aho'lt the Grand Jury Proceedings
23 and the Indi"ctment in the above-entitled matter and the composition of
24 the Jury, Mr. Giese replied as follows:
25 "Kenneth does not stand a chance, cause he's a
26 blackrQan in this redneck town."
27 3. Affiant then asked Hr. "during the grand jllry h"aring waS
there all whites on it?" The attorney f"T. Giese the following:
,
1 "That if he (Petitioner) does 'nt take the deal they are
2 offering him, they would give him the Bitch, (Habitual
8 Criminal), 25 to life, because the jury would be all
4 redneeks and would hang him and that the grand jury was
5 prohably all rednects also."
6 h. Affiant stated t.hat affiant feels that Kenny is being charged by
7 the color of his skin and not as a U.S. Citizen, affiant further asked Hr.
8 Giese if he, would check into the grand jury proceedings, the probable cause
9 issue and t.he improper selection o.f the grand jury, Mr. Giese, replied as
10 follows:
11 "That it would be a meaningless pre-trial arguement."
12 Affiant sayth naught further.
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Dated this
....;fh
/ I -'-
day of October I997
SUBSCRIBED and 5
'
IORN TO BEFORE low,
1'''IS O-l}j I'AY OF Cc'-/I/Z1L-I997
2
-?
/

r .. ...... ........ "sHiRLEy .. RODGERS .......... 1
,8 Notary Pub"c - State of Nevada j
... :" ... .....
Notary Public Seal
Kenneth W;3.yne Dorsey
911 Parr Blvd.
Reno, NV 89512_
BRUCE D. VOORHEES
ATTORNEY AT LAW
423 W. PLUMB L.ANE
RENO .. Ne:VAOA 89509
TELE.PHONE (775) 323-1311
January 10, 2003
RE: State v. Dorsey _
Case Nos. CR02-0386 and CR02-0676
Dear 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 case
the 'StateWOuld dlSmlss the one grand keny 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, with
eligibility of parole beginning after a minimum of ten years has been served, or
3)Jor a definite term of twenty-five years, with eligibility of parole beginning
__ when a minicnum of ten years has been Served. -
Addit:ionaliy, the State would require tqat you stipulate to a 4-1 0 year
sentence in each case and that the sentencell run consecutively to each other.
The offer will remain open until March 26, 2003 which is one week
before your motion to confirm.
If you have any questions or comments, please do not hesitate to
_ contact me.
Sincerely,
Bruce D.Voorhees .
BDV:ksm
June 3, 2003
Kenneth Wayne Dorsey, #0202556
WCDC
911 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 the
State Bar of Nevada regarding your grievance against Bruce Voorhees, Esq.
A review of the information provided indicates that your grievance against Mr. Voorhees
is essentially a procedural issue best handled in the appropriate court settings. In fact, your
correspondence 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 matter
appears to be pending before the Nevada Supreme Court in Kenneth Wayne Dorsey vs. State of
Nevada, Supreme Court No. 40827.
The Office of Bar Counsel and the disciplinary boards of the State Bar are not substitutes
for the court system. The State Bar has no authority to take any action which could affect the
outcome 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.
makes any findings that clearly establish professional misconduct, you may submit that
information with any supporting documentation for reconsideration.
Thank you for bringing this matter to the attention of our office.
--p illip J. Pattee_
Assistant Bar Counsel
Cc: Bruce Voorhees, Esq. (with enclosures)
------
www.nvbar.OIf
600 East Charleston La:; Vegas, Nevada 89104 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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EXHIBIT 1-/
C iI'
\ t
1 DECLARATION OF GILBERT TYLER
2 STATE OF NEVADA )
) ss:
8 CARSON CITY )
4 I. GILBERT TYLER. hereby declare under penalty of perjury
5 and says:
6 1. Declarant. gives this declaration in support of Case
of which he is a party and in-
8 terested in the outcome: has personal knowle,dge of the facts con-
9 tained herein. and if called to testify. ,am competent and
10 qualified to do so.
11 2. That, declarant upon being arested and charged by Crim-
12 inal Complaint and Information for allegly committing violations of
13 NRS 205.110. NRS 205.165. NRS 205.060, and NRS 205.090 all felonies
14 was appointe.d Eric Nichol of the ~ s h o e County Public Defender
15 Office.
16 3. Right away he began to offer me a deal and then began to
17 thratened me when I refused to plea guilty. I moved to have Mr.
18 Nichol removed from my case without success, because of his unpro-
19 fessional. actions . e.g he stated "I'm trying to hel.p you. You
20 should tak.e the deal. I tell you now. Roger Whomes is a known
21 racist and he'll. see to it that you will not get a fair trial."
224. Shortly before trial the court appointed PAUL GRISE. ESQ .
23 and HERMAN HERBIG. ESQ. Mr. Grise withdrew shortly after being ap-
24 pointed because of difficul:.ti' in communicating with me on issues
25 and discovery of evidence on the case. He stated "You cannot tell.
26 me what to do on presenting issues. if you go to trial you wilel- be--
27 convicted.
5. Hexman Herbig. took over my case and began to immediatel
.. ';-.
1 state "if we: take this case to trial the state will pick a RED
2 NECK' jury and hang us . 'because you' re a black man."
3 6. Declarant. requested by numberous ftters to the court and
4 family members to have the above named attorneys removed because of
5 their actions and statements in representing me. Finally. declarant
6 went to trial and was convicted of the alleged offenses.
7 7. On information and belief, Ian Bagger, was heard to say
8 "More an likely it wouldn't be a fair trial because of an all
9 white jury."
10 I declare under penalty off perjury that the foregoing is
11 true and correct. See 28 U.S.C. I 1746 and 18 U.S C I 1621.
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Executed this;,? 'g'
Prison, Carson City, Nevada.
day of October, 2002, at Nevada State
.....
__
GILBERT TYLER!
-2-
EXHIBIT I
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1
Case No. CRDO-1979B
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FILED
2 Dept. No.
6
2002 JUL 22 PH 2: 06
RONALD A. LONGTIN. JR.
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BY
IN THE SECOND
JUDICIAL DISTRICT CXXlRT OF IHE STATE OF NEVADA
IN AND FOR IHE CXXlNTY OF WASHOE
MARVIN LEE MORRIS
Petitioner ,
Vs.
. ----
PETITION FOR WRIT
OF HABEAS mRPUS
(POST-CONVICTION )
12 THE STATE OF NEVADA
13 MICHAEL BUDGE, Warden
14
____________ ____ ,1
15 INSTRUCTIONS:
16 (1) This petition must be legibly handwritten or typewritten, signed by
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the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect
to the facts '",bich yoo rely upon to support your grounds for relief. No
citation of authorities need be furnished. If briefs or arguments are
sutmitted, th,3Y sbould be sutmitted in the fonn of a separate manorandun.
(3) If Yl)u want an attorney appointed, yoo must canplete the affidavit
in support of request to proceed in FOR>1A PAUPERIS. You must have an
authorized officer at the prison canplete the certificate as to the amount
of money and llecurities on deposit to your credit in any account in the
institution.
(4) You HUlst name as respondant the person by whan yoo are confined or
restained. If yoo are in a specific institution of the department of
prisons, name the warden or hcaQ. of the institution. If yoo are not in,
a specific inlltitution of the department but within its custody, name the
director of the department of prisons.
{5) Yoo must include all grounds or claims for relief which you may have
regarding yoor conviction or sentence. Failure to raise all grounds in this
petition may preclude you fran filing future petitions challengin your
conviction and sentence.
1 7. Nature of offense involved in conviction being challenged: Robbery
2 with the use of a firearm
8 8. What was your plea? (check one)
(a) Not guilty __ (b) Guilty _X_ (c) Nolo contendere __
9. If 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 or
infonnation, or if a guilty plea was negotiated, give details: My Counsel
Joseph D. Merkin, Deputy Public DEfender stated I couldn't win in
this "REDNECK TOWN" and his jnyestigator offered money to take
the deal. On 8, 2002, investigator Larry Carlson, drop off
$20.00 and prom1sed me more when I get to prisoo
10 10. If you were found guilty after aplea of not guilty, was the finding
11 made' by: (check one) N/A to this section
12
13
(a) Jury_ (b) Judge without a jury _
11. Did you testify at the trial ? Yes No
14 12. Did you appeal fran the judgtT'E'nt of conviction?
15 Yes
No ....lL
16 13. If you did appeal, answer the following:
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(a) Name of court: __________ ___________ _
(b) Case number or citation: _____ N--'-I A:.c..... _______ --:-____ _
(c) Result: _____________ _______________
(d) Date 0f result: _____________ -..:;N-"/c.:A-=-___________________ _
21 (Attach copy of order or decision, if available.)
22 1111
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14. If you did not appeal, explain briefly why you did not:
I was told
by Mr. I could not
aEEeal
15. Other than a direct appeal fran the judgment of conviction and
,
sentence, have you previously filed any petitions, applications or motions
with respect to this judgment in any court, state or federal? Yes No X
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16. If 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 petition,
i .
application or motion ? Yes No
N/A
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5. RElsult: N/A
6. Dc,te of result: N/A
7. If known, citations of any written opinion or date of oIDers
entered pursucillt to such result:
NI.A
(b) As to any second petition, application or motion, give the same
information:
1. Nature of court:
NIA
2. Natue of proceeding: N/A
/III
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(al Ground one: COUNSEL'S OMISSIONS DEPRIVED PETITIONER OF THE
EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE DUE
PROCESS AIIID EQUAL PROTECTION CLAUSE IN VIOLATION OF THE 5th, 6th &
14th 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 PETITIONER
WAS COMPET'ENT TO PROCEED TO TRIAL OR ENTER A GUILTY PLEA; .F) PETI
TIONER WAS NOT COMPETENT TO ENTER A PLEA OF GUILTY; (3) PE 1-
TIONER'S DECISION TO PLEAD GUILTY WAS PREDICATE!; EXCLUSIVELY ON
THE INEFFECTIVE ASSISTANCE OF COUNSEL: {4! PETITIONER'S DECISION
(Continue 8A)
(b) Ground two:
NlA
Supporting (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) Grourxi four:
Nl6
Supporting FACTS (telling your story briefly without citing cases or law.):
!':!ItA
1111
IIII
IIII
8
-
.(

(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 A
DEAL FOR YOU. JrOU ARE A BLACK MAN IN RENO. YOU CANNOT WIN, THIS IS
A "REDNECK" TOVIN. I ADVISE YOU TO TAKE THIS DEAL I'M OFFERING. 'I
'BEEN KNOWING JUDGE ADAMS FOR FIFTEEN YEARS. EVERYTHING I TELL HIM
fIT GOES. SO, IF YOU GO TO TRIAL YOU ARE GOING TO GET MORE TIME":
(6) FURTHER, COUNSEL STATED "I DON'T KNOW WHY YOU JUST TAKE
THE DEAL. YOU CAN'T READ OR WRITE ANYWAY TO KNOW WHAT'S GOING
til PETITIONER's pr.EA F.;NTE:RED INTELLI-
GF:NTLY AND VOLUNTARILY BF:CAUSE OF DECIET,. DURESS. OFFER OF MONEY
AND INEFFECTIVE: ASSISTANCE OF COUNSEL; (8) PETITIONER WAS DENIED
HIS RIGHT TO THE EFFECTIVE REPRESENTATION OF CONFLICT-FREE COUNSEL
DUE TO AN. ACTUAL CONFLICT OF INTEREST THAT EXISTED WITH DEFENSE
COUNSEL; (9) PET'ITIONER' S,DECISION TO PLEAD GUILTY WAS ALSO THE
RESULT OF DEFENSE COUNSEL'S INVESTIGATOR"i'S OFFER OF MONRY WITH
DEFENSE 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 said is at-
tached hereto and incorporated herein by reference): (fil ON OR'
JANUARV 7. 2002. MR. CARLSON. PRESSURED ME AND
FORCE ME TO TAKE THE DEAl:> STATING HE'LL LEAVE SOME""MONEY ON MY
BOoKS (A Copy of :r:eceipti.s attached hereto and incorporated ",<',
herein byrefere"!;E! JIIarkd Exhibit 2" FURTHERED STATED"OH BY
THE WAY. JOE ME,Ridiii ASKED ME TO TELL YOU 'IF THE JUDGE ASK YOU IF
I} { YOO WERE IN THIS DEAL TO SAY NO": (12)" THE TRIAL COURT
DENIED PETITIONIf:R HIS FIFTH AND FOURTEENTH AMENDMENT DUE PROCESS
RIGHTS WHEN IT ACCEPTED HIS PLEA WITHOUT CONDUCTING THE MORE CAREFUL
EXAMINATION REQUIRED WITH RESPECT TO A CHANGE OF ON THE EVE OF
TRIAL "FOR MONEY DEAL PLEA": (13) PETITIONER'S PLEA OF GUILTY AND
SENTENCE ARE TAINTED UNDER THEC'6NSTITUTIONAL GUARANTEES OF DUE
PROCESS AND PROTECTION OF THE LAW AND EFFECTIVE ASSISTANCE OF
COUNSEL OR CONFI.ICT-FREE COUNSEL DURING THE PROCEEDINGS: and (14)
PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL DURING THE "
PROCEEDINGS IN \'IOLATION OF HIS RIGHTS UNDER THE SIXTH AND
TEENTH AMENDMEN1'S TO THE UNITED STATES CONSTITUTION. AS A RESULT OF
THE ERRORS OF DE:FENSE COUNSEL (which fell below cpnstitutionally
required level of representation). SUFFEREpPREJUDICE
AND WAS DEPRIVED OF HIS OPPORTUNITY TO PRESENT A DEFENSE;
-8A-
.,f
r (
, \
1 WHEREFORE, petitioner prays that the court grant petitioner relief to
2 which he may be entitled in this proceeding.
8
4
5
6
7
8
9
EXEOlTED at Nevada State Prison on the 12th day of -
-
10
11
12
13
14
15
16
July. 2002.
~ . ~ .
N/A
Signature of attorney (if any)
Attorney for petitioner
N/A
Address
-< U :...rrn. l' _.5 .. ,:02,=-<,......r
Signature of petitioner
Address
17 VERIFlCATICN
18 Under penalty of perjury, the undersigned declares that he is the
19 petitioner named in the foregoing petition and knows the contents thereof; that
20 the pleading j,s true of his own knowledge, except as to those matters stated on
21 infonnation and belief, and as to such matters he believes then to be true.
22 v CYJrWI/t r h tnq['ifY S
~ Petitioner
23
24 Attorney for petitioner
25 1//1
26 1III
27 IIII
~ 9
"'C -
WASHOE'COUNTY SHERIFF'S OFFICE
MONEY TRANSACTION RECEIPT
JID: P00000207
BOOKING NO: 0112610 NAME: MOPEIS, MARVIN LEE
AMOUNT DATE REF TRANS,!)'CTION
---_ ..... "--_ .. _._-"., .. , ...... .-... ,-,, ........ ,"
J
) \. .
PREV
BALANCES
CURR
BALANCES
--------- -------- ------------------------ ----------- ----------- -----------
11--08-2002 163817 CASH 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 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 DEVONTAY LAMONT IHLLIAMS

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