The Nelson County Court has approved a motion allowing Joseph Lawson to move forward with an appeal at no cost and appointed public defenders to represent him.
Lawson filed the motion on September 8, requesting to proceed “in forma pauperis” on appeal, a legal term that allows individuals who cannot afford court costs to have those fees waived.
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The motion, submitted by Lawson’s attorneys Kevin Coleman and Robert Boyd, came ahead of his final sentencing set for September 17 at 2:30 p.m. The attorneys cited Kentucky statutes and court rules requiring continued legal representation for indigent defendants throughout every stage of criminal proceedings, including appeals.
“The Defendant was found to be indigent pursuant to KRS Chapter 31 and was represented in these proceedings by counsel through the Department of Public Advocacy,” the motion stated.
Under Kentucky Court Rule 3.05(2), counsel appointed to represent indigent defendants “shall continue for all future stages of the criminal proceeding, including appeal.”
Judge Charles C. Simms III of Nelson Circuit Court granted the motion, officially appointing the Department of Public Advocacy to handle Lawson’s appeal.
Commonwealth’s Attorney Shane Young was notified of the filing, along with Brian Butler, the attorney representing co-defendant Brooks Houck.
The Department of Public Advocacy’s Post-Trial Division will now represent Lawson during the appeal, ensuring he has legal counsel despite being unable to afford private attorneys.
According to EBSCO Information Services, an indigent defendant is defined as someone “accused of crimes who, due to their poverty, are not able to adequately provide for their own defense.”
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