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illusionist · #1 03-29-2012, 06:39 AM

Hello,
I'm personally learning what happens in Appeal process,but real process is much faster than learning..
So may I ask a question?

My pp's co-defender won his appeal recently,and his case is remanded to 5th Circuit.
So I thought my friend have a chance,too.

But,co-defender won "certiorari" appeal,and I found my pp was denied it years before.

Now my friend's appeal is pending(in District court),and It's habeas Corpus.

Is the appeal procedure(not in legal meaning,I mean,which is first)different in person by person?
For my pal,Habeas Corpus is last appeal?

illusionist:from iPhone

mammastalkin · #2 03-29-2012, 12:06 PM

Every appeal is different as is every case. The lawyer's have to find grounds for an appeal which will vary from case to case. The federal habeas is usually the last appeal but judges are ruling all the time. If the court rules on a case similar to your friends, in a postive way, he might have more grounds to appeal. The court recently ruled in favor of the the prisoner in the Martinez case which has led to other cases getting their appeals granted. But only those that are similar to the Martinez case can proceed. The others are being denied.

illusionist · #3 03-30-2012, 09:37 AM

Quote:

Originally Posted by mammastalkin

Every appeal is different as is every case. The lawyer's have to find grounds for an appeal which will vary from case to case. The federal habeas is usually the last appeal but judges are ruling all the time. If the court rules on a case similar to your friends, in a postive way, he might have more grounds to appeal. The court recently ruled in favor of the the prisoner in the Martinez case which has led to other cases getting their appeals granted. But only those that are similar to the Martinez case can proceed. The others are being denied.

Thank you mamma,
I was thinking "certiorari comes last"because co-defender once had a execution date and got stay.I understand it varies case by case.
And,actually co-defender's certiorari appeal is granted "in light of Martinez v Ryan".

I'll read about the Martinez case,

and I've read (wikipedia)there's other appeal,I just never heard about it for other case I knew.

If I stuck at another question,let me ask again.

Thank you!!

illusionist:from iPhone

mammastalkin · #4 03-30-2012, 02:48 PM

Cert isn't last necessarily. It is a petition to SC for review of another court's decision. It is usaully late in the appeals process but not always.

yourself · #5 03-30-2012, 05:58 PM

appeals are a bit amorphous. First you have the direct appeal, and that's state level. At the same time you can try to take a direct appeal of constitutional issues to the Supreme Court.

There are two basic ways to take an issue to the Supreme Court (federal) - direct appeal and cert. But, generally, you work the State courts and the lower federal courts before you head out to the Supreme through cert.

Each case has a myriad of legal issues. Some are based on state laws, and some are based on federal laws. An issue that doesn't violate the State constitution may violate the federal constitution, so that issue can be taken up the chain from one court to another in both the federal and state court systems.

It's complicated. You can read more about it if you want. CT has this out: http://www.cga.ct.gov/2009/rpt/2009-R-0178.htm
which talks about the appeals process in CT, and where each inmate in CT is in regards to that process.

But, essentially, if there's no issue before a court, then the appeals process has stopped. Appeals can be filed in a variety of courts up until the moment of execution.

illusionist · #6 03-31-2012, 12:59 AM

Quote:

Originally Posted by mammastalkin

Cert isn't last necessarily. It is a petition to SC for review of another court's decision. It is usaully late in the appeals process but not always.

Thanks again mamma,
In My friend's case,Cert was before Habeas Corpes.(I think this is not exact)
Even they did same(not exactly same,my friend is dr under LawofParties,co-defender is not)

Thank you!
illusionist

illusionist:from iPhone

illusionist · #7 03-31-2012, 01:21 AM

Quote:

Originally Posted by yourself

appeals are a bit amorphous. First you have the direct appeal, and that's state level. At the same time you can try to take a direct appeal of constitutional issues to the Supreme Court.

There are two basic ways to take an issue to the Supreme Court (federal) - direct appeal and cert. But, generally, you work the State courts and the lower federal courts before you head out to the Supreme through cert.

Each case has a myriad of legal issues. Some are based on state laws, and some are based on federal laws. An issue that doesn't violate the State constitution may violate the federal constitution, so that issue can be taken up the chain from one court to another in both the federal and state court systems.

It's complicated. You can read more about it if you want. CT has this out: http://www.cga.ct.gov/2009/rpt/2009-R-0178.htm
which talks about the appeals process in CT, and where each inmate in CT is in regards to that process.

But, essentially, if there's no issue before a court, then the appeals process has stopped. Appeals can be filed in a variety of courts up until the moment of execution.

Thanks for very helpful reply!!
So,if many issues written in writ are no meaning before a court,Appeal process will be "exhausted".?
I think I'm using wrong word,so I'll read Link and learn again.really complicated..

His first lawyer did direct appeal and cirt both,I'm sorry I'm not understand fully,
his first lawyer didn't do many thing for him.

Now "Death penalty lawyer"is helping him,who is helping dr inmate who couldn't have enough help in his former appeals.

I'll read and learn,And If there's additional question,I'll post here,but I think I could heard so many information.

Thank you!!

illusionist

illusionist:from iPhone

yourself · #8 03-31-2012, 01:56 AM

it should be remembered that there's paltry little funding for death penalty appeals. As a result, barring the direct appeal, most cases are handled by pro bono projects, if at all (CA currently doesn't have enough attorneys willing to take these cases, effectively stalling many of them from going forward - a formidable form of dp prevention, but that's CA, other states have different standards).

illusionist · #9 03-31-2012, 02:37 PM

Quote:

Originally Posted by yourself

it should be remembered that there's paltry little funding for death penalty appeals. As a result, barring the direct appeal, most cases are handled by pro bono projects, if at all (CA currently doesn't have enough attorneys willing to take these cases, effectively stalling many of them from going forward - a formidable form of dp prevention, but that's CA, other states have different standards).

My friend is in Texas,His lawyer who represent him now,was in Texas Defender Service.He left there last year,But still represent my friend.
But his lawyer have to represent so many inmates in polunsky.Not sure,I suppose he is one of pro bono.
Direct appeal was done by his former lawyer,It's so different from recent appeal done by his(now)counsel.I think my friend is better situation than when he was with his first counsel,
But earlier appeal still affects his case.

I feel it's like a lawyer is fighting with former lawyer.

I'm sorry I cannot use legally proper words.

illusionist:from iPhone

illusionist · #10 04-09-2012, 04:38 PM

Quote:

Originally Posted by yourself

it should be remembered that there's paltry little funding for death penalty appeals. As a result, barring the direct appeal, most cases are handled by pro bono projects, if at all (CA currently doesn't have enough attorneys willing to take these cases, effectively stalling many of them from going forward - a formidable form of dp prevention, but that's CA, other states have different standards).

I searched my friend's lawyer's name..Actually,
how many inmate One attorney (who represents financially difficult inmates)have to represent..
only in This year,one inmate he represented was executed, and one another have the execution day.
He should represent too many inmate,maybe because lack of pro-bono lawyers.in Tx,too.
His name is known also as activist,so even there's a insult for him that"He just want to see his clients last"(like that.weirdest insult I saw)

If there's more funding for death penalty appeal,My friend's lawyer wouldn't have these insult,(At least,my friend trust him,me too,
but I worry about"he have to represent too many inmates")

illusionist:from iPhone

yourself · #11 04-09-2012, 11:16 PM

You might want to take a look at the Texas Defender Service http://www.texasdefender.org/

You'll also want to look at one of their main guys, David R. Dow http://www.law.uh.edu/faculty/main.asp?PID=12

And then you'll want to look up Mr. Dow on Amazon, and maybe read a few of the books he's written. These aren't sensational "recount the grisly crime scene, walk a man to his death" books. These are really good books about Texas death penalty litigation, the politics of it, the funding of it, and the ethics.

The Texas Defender Service attorneys and employees are great, and have something akin to hero status with me. Your friend is lucky to have them.

illusionist · #12 04-10-2012, 01:52 AM

Yourself,Thank you.

I think my friend is lucky one,too.

I've read several Mr.Dow's book,(But not a newest one yet,read which has kindle version)

also,looked up related website.

I found one of his co-defender couldn't trust his lawyer and wrote his over 300page appeal by his hand.I don't and never know his true intention,He included Texas Defender Service's website printout in his appeal.
I think he wanted to seek a help for them,or wanted to include their spirits in his appeal.