His attorney signed the agreed order of dismissal. The 1.6 acres of land was not condemned. This court received a letter inquiry from Chester Edward pertaining to a notice of appeal he allegedly mailed for this civil action, but which the court never filed. The court order the clerk of the court to file his notice of appeal. In considering an application for appointment of counsel, the court will review the merits of the claim, the applicant's efforts and financial ability to retain counsel.
Great weight is given to the effort made by an applicant in obtaining counsel.
First, this is a civil forfeiture case which was settle as part of a plea bargain. This court is not sure what is being appealed. The court does finds the matter to be confusing, but not complex. Second, the court has handled several of Chester Edwards motion and believes he is quite capable of articulating his grounds of appeal to the Fifth Circuit. Third, since the appeal is on the District Court record, no investigation will be necessary.