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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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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