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Questions Answered by Timothy Alan Provis
1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What is the approximate time for a decision after an opening brief is filed in Appeals court?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no "approximate" time. After the opening brief is filed, the opposing party has time to file its brief, then the appellant gets time to answer that brief. After the briefing is done, it will take several months for a decision.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How long do I have to appeal a criminal conviction?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If this was in a New York state court, then you must file your notice of appeal 30 days after sentencing.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long does a federal case appeal take to get approved
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no real time limit for the Circuit Court to decide. After the briefing is finished it can take many, many months.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: If your case is already in ready for trial and u lose by a jury on a civil case for wrongful incarceration can u appeal
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If there is a legal issue in your case, then you can always appeal. You need to consult with an experienced appeals attorney in your state to find out if your case has such an issue in it.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Can i appeal a case i already did time for
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If neither you nor your attorney filed a timely notice of appeal after your conviction, you lost your right to appeal. However, if you are still on parole, you may be able to file a petition for habeas corpus or some other kind of relief. I cannot urge you too strongly to consult with an... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can a case be re-opened after state appeall is over and did not file a federal hebeas corpus with in the one year time?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The one year time limit for federal habeas corpus is complicated. First of all, you cannot file for federal habeas corpus at all unless the federal constitutional issues you want to raise in federal court were first presented to the California Supreme Court in a petition for review. If that was... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: How long after conviction on maintaining resident for use,sale,or giving away drugs does aperson in calif.have to appeal
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You must file a Notice of Appeal in the superior court in which you were convicted no more than 60 days after sentencing.

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: My son was convicted in trial court and was sentenced to fifty years. On appeal he was Acquitted. What happens next.
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

No one can be acquitted on appeal. The appeals court can reverse the judgment of conviction and then it is up to the county prosecutor to decide if he/she will reprosecute the case.

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1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How do I file a response to an appeal?

Restraining order case. I have looked all over the court sites for a form. Not sure where to find one. I need to respond to an appeal for the ruling of a restraining order.

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no form for a response to an appeal in any state. After the notice of appeal is filed then briefs on the legal issues must be filed. The appealing party's brief is due first. If you have received such a brief, then you must file an answering brief. If you don't think you can... Read more »

1 Answer | Asked in Appeals / Appellate Law for Massachusetts on
Q: I would like to appeal a district court judgment. What should I do?
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

You must file a Notice of Appeal with the clerk of the state district court no more than 30 days after the entry (filing) of the judgment against you. I cannot urge you too strongly to consult an experienced appeals attorney about this.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can i get my appeal re opened appeal lawyer did not appeal my case as directed
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

If this is a civil case and your attorney in superior court did not file a timely notice of appeal, even though you asked him to, your only recourse is to sue him for malpractice for losing your right to appeal.

If this is a criminal case and your attorney in superrior court did not file a...
Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can i have a lawyer represent me in small claims appeal?

I already won and now my old landlord is appealling

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

No. Lawyers are not permitted in small claims court, period.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Why does SCOTUS hear appeals directly from state supreme courts?

Usually, when someone wants to pursue a claim under federal law, they have to begin in a U.S. district court, correct? But when someone has exhausted remedies under state law and now wishes to make an argument from federal law, they're permitted to appeal directly to SCOTUS. Why don't... Read more »

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

The decisions over the scope of the jurisdiction of the U.S. Supreme Court are made by Congress in the U.S. Code. The Constitution gives Congress the power to make thee decisions. See Article III, section 2, ¶2: "the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Can I file a criminal appeal for my boyfriend? Are their any pro-bono appeals lawyers? How many days do you have from se

Sentencing to file your appeal?

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Dear ?,

To appeal, your boyfriend must sign his own notice of appeal which must be filed in the superior court in the county where he was convicted no more than 30 days aftewr sentencing. If bf is indigent, that is, too poor to afford counsel, the State of Arizona must appoint counsel for...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: In FL 10th judicial appeal,18 months after the briefs were provided, there is no mention of it anywhere. Can I find it?

I asked my court appointed appellate counsel about the status of my appeal. It has been 18 months since the appellant and appellate briefs were provided. In those 18 months there has been no mention of it, anywhere. I was told that nothing will be published until the affirming/reversing is... Read more »

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Dear ?,

Your court appointed counsel is the best person to answer this question. If he/she cannot or will not then you should contact the Clerk of the appellate court. In general, most states have an electronic appellate docket these days, but sometimes access to it is restricted.

1 Answer | Asked in Appeals / Appellate Law for Connecticut on
Q: What is the stattute of limitations to file a state and federal habeas
Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

Dear ?,

A petition for writ of habeas corpus in federal court must be filed one year from the date on which the state court conviction became "final" as that term is defined by federal law. The state court conviction is "final" for federal habeas corpus purposes 1) if...
Read more »

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