Please allow me to begin with something of a disclaimer.  I am not an
attorney, nor do I claim any particular expertise with the appellate
process.  Take any and all advice I may render herein as having been
rendered with the purpose of helping you to clarify your thoughts.
That said . . .
You and your daughter have been dealt two more Aces than most people
are dealt when confronted with false allegations of abuse.  Namely,
the judge who testified on your daughters behalf, and the assistant
D.A.
If I read you correctly, you are also holding a Jack in hand, namely
the attorney with the "just doesn't happen in Reno" attitude.  Holding
onto these Aces, and playing them to their maximum possible advantage
is paramount.  The question is, do you discard the Jack in the hopes
of picking up another Ace?
You have clearly articulated your discomfort with this attorney.  That
you have newspaper clippings to disprove his statement only serves to
further convince me that you feel extremely uncomfortable with his
representation of your daughter, and/or of his overall competence, and
that you may be looking for a reason to dismiss and replace him.
Based upon the facts you have described, were I in your position I'd
weigh the merits of tossing that particular Jack into the discard pile
as follows.  Whether or not he is competent as an appeals attorney is
clearly one important issue to consider, whereas his commitment to
your case is another.  I would weigh these factors against his track
record, and subsequently weigh all of these factors against your
comfort level with him.
If you and your daughter do not feel confident in his abilities, and
in his commitment to your case, you ought consider seeking counsel
that better fits the bill.  I suggest that you and your daughter
discuss this together, by whatever means are available to you, and
that you, together, arrive at a decision you can both live with.
You are at a most critical stage of this case, the appellate process.
If this attempt should fail, it may take several more years before all
of your available appeals are exhausted.  Meanwhile, your daughter
languishes in prison for a crime she did not commit.  As such, it it
crucial that this attempt be successful.  Such is the difficult
reality of the situation, and it is important that you recognize this.
To answer one question you posed more directly, yes, you do need an
attorney, and now.  You need one familiar with the appellate process,
and one who will look over your case with a fine toothed comb.  He, or
she, needs adequate time to prepare.  Shopping for this attorney may
in and of itself consume a great deal of time.  You cannot afford the
luxury of wasting time, or of taking any shortcuts.
Turning toward the Aces in hand, you mentioned some time before your
move that a judge had testified on your daughters behalf, while the
judge hearing the case "misheard" his testimony.  First, there is a
almost certainly a transcript of this case.  Be certain to obtain a
complete copy, whatever the cost.  Read it cover to cover, perhaps
making a xerox copy for purposes of highlighting critical entries.
Use this to "educate" your new attorney, during first consultation.
I draw the reasonable inference that the judge who rendered testimony
on your daughters behalf must have enjoyed some relationship with her.
Whether this was a working relationship, or a friendship, matters not.
What is important is that there may be much to be gained by having a
conference with him.  Whether this takes the form of an informal
lunch, else a formal appointment matters not.  What is important is
his opinion.  A judge that holds a belief in her innocence to the
extent that he is willing to render testimony is worth his weight in
gold, and, as such, you must carefully exploit this relationship.  Set
time aside to confer with him, appeal to his sense of justice, and ask
him for advice.  Mentally rehearse the key points you wish to address,
and make certain you cover most or all of them during the course of
your conversation with him.  He may just pick up the phone and call an
attorney he feels just right for the case on your behalf.  Play this
Ace for all that it is worth.
The new D.A. is sure to be something of a more difficult card to play.
There is an obvious conflict of interest, to the extent that you may
not be able to approach him directly.  This would not preclude the
possibility of an "off the record" conference taking place behind
closed doors, or, again, over lunch, between the Good Judge and the
D.A.  As a practical matter, cases are oft resolved during such "off
the record" meetings.
That you have both a judge and (former) assistant D.A. willing to
testify on your daughters behalf leads me to conclude that she was
either a clerk, a legal intern, or a city/county employee with a close
working relationship with the two.  Am I correct in my drawing of this
inference?
So far, we have determined that you are holding two Aces, and a Jack.
Let's turn toward the remaining cards you are holding, which is to say,
please fill in the gaps.
--- FMail/386 1.0g
(1:2629/124)
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