A man from Mississippi files federal appeal to overturn his convictions back in 2014, in which he sent poison-laced mails towards the US leaders. The said US leaders include, President Barack Obama, U.S. Sen. Roger Wicker and Lee County Justice Court Judge Sadie Holland.
The Daily Journal reported, James Everett Dutschke, a former Tupelo martial art instructor requested a Fifth Circuit Court of Appeals for overturn dismissal of earlier conviction appeals in the Northern District of Mississippi. On Monday, Dutschke submitted a five-page hand written document on which he insists that his request was not "frivolous, because he has no any legal counsel or guidance to properly proceed in the courts."
In 2014, Dutschke pleads guilty on the charge to four counts, in which he created the poison ricin letters and mailed it to threat the US president Barack Obama and others, such as U.S. Sen. Roger Wicker and Lee County Justice Court Judge Sadie Holland, according to ABC News.
However, investigators said, Dutschke used the poison ricin mail plot in order to set up Elvis impersonator, Paul Kevin Curtis. He and Curtis were not in good terms and have long -standing issues. Curtis was arrested after he was framed by Dutschke's said set up scheme. However, authorities had found clues linking to Dutschke leading to his arrest.
Cleared from his name, Curtis sues the U.S. Department of Justice for wrongful arrest as well as incarceration and other damages. Dutschke is spending in Florence, Colorado jail in a 300 month sentence. His first federal appeal to overturn dismissal for his convictions was rejected by the US District Judge Sharion Aycock and still insist his innocence.
According to the return letter sent to him, 5th Circuit Court clerk instruct him regarding the procedure of filing an appeal. The first step given to him is to acquire Aycock's approval for a certificate of appealability. However, the appeal was denied on October 2015. If he successfully acquired the said certificate, he is also required to pay $505 for the appeal to be filed.
