Notice to new members intending to register - from January 9th 2012

pss12 · #1 06-08-2012, 03:33 PM

Is anyone going through an appeal process? My fiancee`s was filed April 2nd and got an answer today. Court hasn't ordered but...the answer isn't good. I didn't want to get my hopes up but ultimately I did.

I'm pretty bummed. We still have some options but after all that I guess will just take more time and patience. I also don't have much faith in attorneys. Especially after this last one that care about what happens to us flopped.

Beachhouse · #2 06-08-2012, 07:36 PM

we are going through it right now. it was started last march and we are now at the oral argument stage. still waiting to see if they will argue or not.

*SimplyMe123* · #3 06-09-2012, 08:18 PM

We are still in the beginning stages of the appeals process, and it was originally filed in June of 2009. It is a frustratingly slow process, and it does require much patience. I share your frustrations!

I'm moving your thread to the Legal Appeals forum because it's a good fit for this topic.

pss12 · #4 06-10-2012, 12:47 AM

I guess it will give us time to work on the issues for a PCR. I suppose the slowness of it will work in our favor as far as being able to get more ducks in order for the it. It is very frustrating and stressful to wait.....

WHNWILLTHISEND · #5 07-07-2012, 02:57 PM

i'm going trough it right now at this point we are wait on his lawyer to file the briefs and he ask for an extension

sarahas · #6 07-07-2012, 04:14 PM

this might be a silly question but after he was convicted,he was sentenced and he appealed,it was denied...what is left that can be done?

LittleSunshine · #7 07-15-2012, 11:26 PM

Quote:

Originally Posted by sarahas

this might be a silly question but after he was convicted,he was sentenced and he appealed,it was denied...what is left that can be done?

Here in Florida it's
Direct appeal
3.85 /post conviction
Then supreme

mrs.purdue · #8 07-23-2012, 08:05 PM

My husband will be sentenced this August 3rd. We plan on submitting his Motion to Appeal then. Can anyone tell me, who is in the appeal process the average time for an appeal to be heard? The waiting time? Because we just filed a Motion for Re-trial (but got denied) before sentencing, the Trial Transcripts have already been typed up and are on file, I've read that the Transcripts are usually what takes the longest. Please, someone, I'd like information from someone that is currently going thru the process.

Thank you

LittleSunshine · #9 07-24-2012, 12:32 AM

Appeal process can take 18 months to 3 years... Personally we are on month um 15... And probably gonna have answer by December... Do u have a pd ?

JerseySeagull · #10 07-31-2012, 11:12 PM

Not necessarily true. When we first appealed, from the time of sentencing to his release was 13 months. Unfortunately, three years later they retried (same case) even with destroyed evidence and here we sit again, this time though it is MUCH longer! The prosecutor filed their response June 5th but awaiting scheduling for oral arguments. It's been 26 months since his sentencing with no schedule in sight. So, I guess your answer is, who knows???

LittleSunshine · #11 08-01-2012, 07:45 AM

You did notice where I said it COULD take 18 months to 3 years right. !? It could take less or more... It depends in the lawyer and judges ...

JerseySeagull · #12 08-06-2012, 11:18 PM

Sorry. Didn't think I was stepping on anyone's toes. Just trying to help with my experience.

JerseySeagull · #13 08-06-2012, 11:28 PM

Quote:

Originally Posted by LittleSunshine

Appeal process can take 18 months to 3 years... Personally we are on month um 15... And probably gonna have answer by December... Do u have a pd ?

By the way you said CAN not COULD which infers a start of 18 months. My husband WAS home a little less than 13 months. I'm just sharing my experience to help others going thru something similar. Been on this site since 2004 so I have a bit of experience.

LittleSunshine · #14 08-07-2012, 11:16 AM

It wasn't that u stepped on toes... 13 moths is WONDERFUL but not common at all... 18-3 yrs is what lawyers will tell u ...and I know ur trying to give experience but ur also in jersey I see?!? Processes very well could be different then here in Florida (which is where the post is for ). My friends appeal in PA is much different then my husbands... Just a thought

mrs.purdue · #15 09-20-2012, 06:30 PM

We exhausted all funds through the hiring if my husband's lawyer, leaving us no choice but to hire an appellate PD. My husband just received and sent back the financial questionnaire from the appellate court ( to determine qualification of a PD ). So now we wait. By the way, we are in California. Anyone going through the appeal process in California?

CAdreaming · #16 09-24-2012, 04:54 PM

Quote:

Originally Posted by pss12

Is anyone going through an appeal process? My fiancee`s was filed April 2nd and got an answer today. Court hasn't ordered but...the answer isn't good. I didn't want to get my hopes up but ultimately I did.

I'm pretty bummed. We still have some options but after all that I guess will just take more time and patience. I also don't have much faith in attorneys. Especially after this last one that care about what happens to us flopped.

I would love to start the appeals process for my son, but don't know how to begin. I can't find a pro bono attorney to help me. I could attempt to file it for him, but I hear that it's most confusing and difficult. I don't know what it is about attorneys, my son had an attorney that I paid most of my retirement savings to; he did nothing, the next two were appointed CDAs they did nothing. They all chose to do what they wanted and take the case in the direction they wanted to without including my son in the process. The case was delayed for over 4 years while he sat in jail. In the end, I should have bailed him out and let a public defender take the case, that's where he ended up anyway. I thought a paid attorney would be better; not.

Antois2cool4u · #17 09-24-2012, 05:03 PM

We're in the process of an appeal as well! Actually in the end stages... Been a loooooong process! Went all the way to the Supreme Court! Should be hearing in November if he gets time served OR gets a re-trial! Either way, it'll be good news!!!

mrs.purdue · #18 10-08-2012, 05:55 PM

So ... My hubby's appeal was filled on August 8th if this year and was approved for review by the Supreme Court on September 20th. All the court transcripts and records were received as well as a written declaration from his original trial attorney. He hasn't been appointed an appellate attorney yet but has a brief due this coming 30th. I'm pretty sure an extension will be requested for. But ... So far my husbands process is moving along well. Btw ... We are in California. Is anyone else going through this in California?

mrsalwayshere · #19 10-08-2012, 08:33 PM

my boyfriend was just denied

He found out Friday but just told me Saturday. He said he has 20 days to answer but he is at a loss for what to do next. He's in a hwh and there's not much help there like there was in prison

mrs.purdue · #20 10-10-2012, 09:37 AM

I'm so sorry

I can't even imagine how you must be feeling

I wouldn't even know what to do if I was in your place right now. I'm so sorry. Stay strong and keep fighting.

Antois2cool4u · #21 10-22-2012, 03:56 PM

We're California.. Sacramento...

Quote:

Originally Posted by mrs.purdue

So ... My hubby's appeal was filled on August 8th if this year and was approved for review by the Supreme Court on September 20th. All the court transcripts and records were received as well as a written declaration from his original trial attorney. He hasn't been appointed an appellate attorney yet but has a brief due this coming 30th. I'm pretty sure an extension will be requested for. But ... So far my husbands process is moving along well. Btw ... We are in California. Is anyone else going through this in California?

mrs.purdue · #22 10-22-2012, 06:18 PM

Where in the appeal process are you? Brief submitted? I'm in the Yuba City/ Marysville area.

myspeedygz · #23 02-20-2013, 10:16 AM

Quote:

Originally Posted by pss12

Is anyone going through an appeal process? My fiancee`s was filed April 2nd and got an answer today. Court hasn't ordered but...the answer isn't good. I didn't want to get my hopes up but ultimately I did.

I'm pretty bummed. We still have some options but after all that I guess will just take more time and patience. I also don't have much faith in attorneys. Especially after this last one that care about what happens to us flopped.

Don't give up and don't lose hope. We have been working on appeals and trying to get our home since 1994. Three years ago he had one sentence removed, now we are waiting on 2 more to be removed and we have had a motion in the court with no answer yet since July9, 2012. They say the longer it takes, the better the chances are for a favorable decision. Keep the faith.....

Britrdazahead13 · #24 02-20-2013, 07:08 PM

My fiance' has been going through appeals. We have one coming up for re-sentencing March 4. It seems like we want it so bad that we are afraid to even hope to get the sentence removed. He has already done 30 years. I just don't know how much a person is supposed to take. It breaks my heart every time that we get a denial. I just want him home so bad! This life is not for the faint of heart, that is for sure!

MrsBettyLou · #25 04-14-2013, 03:54 PM

Well,

My guy was originally denied by the state, so he took it upon himself to file a pro se motion is now back in county on a 38.50. From what I gathered he got his first judge (now retired) to approve two of his motions. But his PD tells me that is generally unlikely to schedule a retrial after an evedientiary hearing. Which leaves us with the more likely scenario of him going back to prison with a piece of paper saying he can not be denied for a retrial. Then its, how long do we wait for a new one?

But we will just have to see how it plays out on Friday... *sighs*