Daniel Proctor requests new theft trial - WAFF-TV: News, Weather and Sports for Huntsville, AL

Daniel Proctor requests new theft trial

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Proctor claims he didn't know he could have had a lawyer to represent him in his theft case. Proctor claims he didn't know he could have had a lawyer to represent him in his theft case.
MADISON COUNTY, AL (WAFF) -

A man convicted to two life sentence on theft charges wants a new trial.

Daniel Proctor was sentenced in August for stealing an SUV and a gun from a friend in Madison County.

Investigators said he also confessed to murdering his ex-wife, Amy Patterson.

Her body was found in a remote area of Florida a few weeks ago.

In the motion filed by Proctor's appellate attorney in Madison County circuit court, Proctor said he didn't know he could have had a lawyer to represent him in his theft case.

Proctor claims his sixth amendment rights were violated, and he wants a new trial and a new sentence.

He's also arguing their wasn't enough evidence for a conviction and that he didn't have access to the law library and a telephone while putting his case together.

Legal analyst, Mark McDaniel, said this motion is likely a stall tactic to fight extradition back to Florida on murder charges.

"I don't think this will get very far. This judge went over extensively with the defendant, his rights to counsel advising him of his right to counsel. He waived it. He had a lawyer in the room with him. When he waived his right to counsel, he also had a standby lawyer in courtroom he could have talked to during trial," McDaniel said.

Circuit Judge Donna Pate will rule on Proctor's motion.

If it is denied, Proctor's next step is to appeal his case to the Alabama Court of Criminal Appeals.

Proctor remains in the Madison County Jail.

So far, no murder charges out of Florida have been filed.

Copyright 2012 WAFF. All rights reserved.

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