Misty Croslin appeared in a St. Johns County courtroom on December 22, 2014. She represented herself and asked for more time to appeal her sentences based on the ineffective counsel of her first attorney and the failure of her second attorney to file an appeal on her behalf.
The time allowed for an appeal has already expired. Although her family and friends paid for attorney Kepler Funk to handle the appeal, he basically took their money and decided not to go forward with the case. This left Misty thinking her appeal was underway even as the two year legal time limit for an appeal expired in 2013.
Today, attorney Funk told the court by phone that he can’t remember exactly what he said or if he notified Misty about not filing an appeal because he had “a horrible computer crash”. The judge gave the attorney 15 days to turn over all court documents he has on the case.
“There’s too much uncertainty regarding whether or not they were told that Funk was not going to file,” said Judge Michael Traynor. “The only thing this hearing is about is whether she’s entitled to a belated motion. I may end up granting her the ability to file.”
We can only hope.