Office of the Chief Trial Counsel / Intake The State Bar of California 1149 South Hill Street Los Angeles, CA 90015-2299July 17, 2012RE: Unfiled Appeal by Richard Huffman & Subsequent Sentence of Defendant Burleson to 120 Days CustodyTo Whom It May Concern:On December 18th, 2011 I was convicted of brandishing a firearm in a criminal case. I consulted with numerous attorneys about possible ways to handle this conviction. I was referred to Mr. Huffman by an attorney I had a previous good experience with.Frank Crudo told me that Mr. Huffman had recently left the employ of the San Diego County District Attorneys Office, that he was an attorney with solid credentials and that I would be well advised to consult with him.Mr. Huffman told me that he had handled a number of misdemeanor appeals in the California Appellate Court and that my case was a compelling one and that I would be well advised to file an appeal. He told me that if I hired him, I would no longer have to feel as though I had to constantly look over the shoulder of my attorney. He told me that he had been practicing criminal law for almost twenty years and that he felt confident we would prevail on the appeal and then would be even better positioned to file a subsequent civil action against my accuser.I was impressed by Mr. Huffmans intelligence and interest in my case. I promptly gave him a $750 retainer, followed by another $250 a few weeks thereafter with the understanding that a total of $3500 would be paid prior to the date of the appeal being heard.I repeatedly asked Mr. Huffman if he needed anything from me, he said he did not. I asked him if he had the court transcript and repeatedly asked for a copy of same. He said he didnt have all of it but that he would work on it and not to worry, its all going to be ok.I was assured numerous times by Mr. Huffman that the requisite paperwork had been submitted to the court (i.e. a notice of appeal). Numerous attempts to get copies of that paperwork have since been ignored (by design).Just one night before my sentencing, Huffman called me in a panic, apologizing for the fact that someone at the courthouse had made a mistake. Dont worry though he said I dont expect any surprises tomorrow.At this point, he still had not substituted in as the attorney of record on my case as he had committed to. I was alarmed that the sentencing was still going to be held in Judge Richard Mills courtroomas I expected Judge Mills would have already been apprised I filed an appeal and expected (per Mr. Huffman) that I would most likely remain out on bond while the appeal was pending. Huffman told me I should expect this case to take well into the summer or later to be heard by the Appellate Court.You can only imagine the horror I felt the day I was sentenced when Huffman meets me in the corridor and laments that there really isnt anything clearly we can appeal on. I think you should take work furlough and get this over with. Here he had had two months to order the transcript (which he never did) to evaluate the compelling basis on which to file an appeal, he didnt do it and now he suggests he is sorry but he hasnt found anything to justify filing an appeal. All the while, he told me not to worry.I was sentenced to work furlough on 2 / 29 / 12 and began serving a 120 day sentence on 3 / 12 / 12.Upon reflection, I realized that Mr. Huffmans story of sending the appeal paperwork to the court only to have it rejected may have been a complete fabrication. I contacted the clerks office of the Appellate Court and was told that no paperwork requesting an appeal in my case had ever been received. Further, I was told that even had there been paperwork that was returned, out of respect for the protection of due process that such a rejection would have been noted in the file. I came to this realization AFTER the 30 day time limit on filing an appeal had passed. I then realized that considering Huffman didnt have a copy of the original transcript, he logically couldnt have been in a position to file any appeal at all.My family and I were irreparably harmed by the fact I was away from them for nearly 3 months. I am deeply saddened I trusted Mr. Huffman and in doing so undermined my relationship with my first attorney, Gerald Smith.I contacted Mr. Crudo to find out the whereabouts of Mr. Huffman and was told Huffman is no longer in the employ of the Crudo Law Firm.Please note my case is well documented. I have a detailed diary of dates and times I spoke with Mr. Huffman as well as copies of email and text correspondence wherein he assured me repeatedly that all was in order.Mr. Huffman doesnt possess the sound judgment a competent attorney needs to protect his clients interests or the moral character to admit his own mistakes. He is a great threat to the public at large. He should not be allowed to continue to practice lawas he represents a clear and present danger.Mr. Huffmans father is a highly regarded member of the judiciary in the State of California. The senior Mr. Huffman has been coddling his son for many years. Do I need to be concerned that this case will not be investigated fully by virtue of the undue influence? That has happened before.To Wit:This article appeared in the San Diego Reader San Diego Five years ago, criminal defense and civil rights attorney Mary Prvost began investigating how the City and County of San Diego conducted blood draws from people suspected of driving under the influence of alcohol. But when she sought documentation on the matter, she tells me from behind her cluttered desk, “The city attorney’s office practically laughed in my face.”” Eventually she used a California Public Records Act request to discover that law enforcement agencies hired “”unauthorized individuals to draw blood in [our] filthy jails.””Prior to 2004
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