Baldwin Park, CA asked in Appeals / Appellate Law and Criminal Law for California

Q: Can I re appeal a criminal case that the appellate denied? For 2 degree robbery it’s been more than 8 yrs

3 Lawyer Answers

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info is needed.

are you saying you appealed to the court of appeals and lost?

i think the best person to ask is the lawyer who last represented the defendant on this matter...as s/he will have all the facts at hand.

Gary Kollin

Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: NO

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Though 8 years of delay certainly make an appeal less likely, there are rare incidents when the 1 year appeal deadline for a federal habeas petition may be equitably tolled. It is highly fact dependent. Were there any appeals litigated thus far? What would be the basis for the appeal? What was the reason for the delay? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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