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
  • Licensed 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 relief there is a limited venue for seeking federal relief if you have been convicted in state court.

However, you are posting here which would suggest that you are not convicted so I have no clue as to what you are trying to do. If this is an immigration case, then you need an immigration lawyer.

Whatever you are trying to do, appeals, especially federal appeals, are not for people to pursue on their own. If you want to maximize your chance of success then you should get a lawyer.

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