Q: My federal habeas was dismissed due to untimely filing. My ?, what should I expect to pay for an out of time appeal
I was in prison from 2009 to 2017. My attorney filed a post judgement motion and then a appeal from that motion. However, all judgements, convictions, and sentences from the trial court are directly appealable to the Ga. Court of appeals. There is also a O.C.G.A. statute that states a post judgement motion is not a prerequisite to a direct appeal, which means it doesn't have to come beforehand. I know to prevail on an out of time appeal I have to prove two things. 1) was my attorney ineffective. And 2) can the error or issue be proven in the record.
The answer to both questions is yes.
My attorney stated that she had never met me and knew nothing about my case except for what she read in the incident report just before I came into the court room. That means that all the papers she signed and submitted to the court were purjured documents. That's not just ineffective, it's also unethical.
And I informed the court that I was not aware of my charges. The judge coerced the plea.
A: Honestly. Expect to pay a lot. I don't do Appeals, but the saying you get what you pay for rings very true in appeals cases. Be prepared to spend a large amount of money because the data review alone is hours. I hope this helps.
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