Mother convicted in girl's death permitted to appeal

November 04, 1997

A former Taneytown woman who was found guilty of suffocating her 4-month-old daughter last year may appeal her conviction, a Carroll County judge ruled yesterday.

In a five-page opinion, Circuit Judge Raymond E. Beck Sr. granted a petition allowing Lisa E. Ruby to appeal her conviction, even though no appeal was filed within the court-ordered 30 days after her sentencing in June.

Beck said Ruby clearly told her lawyer to file an appeal on her behalf.

Daniel M. Shemer, an assistant public defender who represented Ruby during the six-day trial in March and sentencing on June 5, did not file.

"The loss of the right to appeal caused by [Ruby's] attorney's failure to file a timely notice of appeal when so instructed by her is enough to constitute ineffective assistance of counsel," Beck said.

Ruby went before Beck Oct. 28 seeking approval to appeal her conviction. The next day, Judge Luke K. Burns signed a warrant for Ruby's arrest on charges that she had violated her probation by failing to cooperate with her therapy.

When Ruby was sentenced in June, Burns gave her no prison time on child-abuse and manslaughter convictions beyond the 10 months she had already served. He placed her on five years' probation with strict conditions.

Ruby, who lives at the Westminster Safe Haven Shelter, was arrested Thursday and held until yesterday, when she was released on $5,000 bail, court records show.

Fire

Taneytown: Firefighters from Harney, Union Bridge, Emmitsburg in Frederick County, Kingsdale, Pa., and Littlestown, Pa., assisted Taneytown at 3: 39 p.m. Friday, responding to smoke in a building in the first block of Frederick St. Units were out 35 minutes.

Police

New Windsor: A Marston Road resident told police that someone shot three hogs, three goats and five cows between 9 a.m. Oct. 26 and 5 p.m. Wednesday. The loss was estimated at $3,650.

Pub Date: 11/04/97

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