Perkasie, PA asked in Appeals / Appellate Law for Pennsylvania

Q: Do you need an order o merit from a federal district judge on awrit of habeas corpus to appealto 3rd circuit of appea

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1 Lawyer Answer
  • Consumer Law Lawyer
  • Cary, NC
  • Licenced in Pennsylvania

A: What are you trying to appeal? What is an order of merit? Unless PA has changed the rules, if you do not agree with a judge's decision, you can automatically appeal. There are no further requirements.

But you need to look at why you are appealing and what you are really appealing. If you just don't like the judge's ruling, then an appeal is a waste of time. You need to show not that you disagree, but that the judge committed some error in making his/her ruling and that you were affected by the error.

I am not sure why you filed a habeas corpus. If this is criminal, you need a criminal law attorney. A habeas petition should not be used as a substitute for post-conviction relief if you have already been convicted. If you have already availed yourself of post-conviction...

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