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  #26  
Old 08-26-2009, 06:16 AM
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My man was sentenced to 20-25 years for a home invasion at the age of 20. All of the witnesses were junkies (literally) and his previous lawyer just didnt defend him properly. He couldnt even look my man in the eyes!! He's been locked up for five years now...his new lawyer is filing an appeal under a chapter 30 rule or law or something to that effect does anyone know what this means. They keep trying to explain it to me...but I really dont get it we're located in massachusetts. But hopefully he'll get a new trial by next year
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  #27  
Old 08-27-2009, 01:20 PM
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Quote:
Originally Posted by tballje View Post
Thank you very much, it is refreshing to read about others going through the same thing as my husband and I. I don't mean to say that I'm happy others are wrongfully convicted but it is nice to know I'm not alone in this. My biggest issue is not knowing if the lawyer actually did his job. I feel he did nothing in the case and came into it with the attitude of just wanting to get it over. Before this happened to my husband I had no thoughts what so ever about our justice system. When someone spoke of the justice system I had my head in the sand. Now i've completely lost my faith in the justice system, the police force and anything dealing with legal anything. I truely believe that unless you have the funds to pay for a lawyer then it is guilty until proven innocent. Am I alone in this? Funny I used to love to watch law and order and all the different law shows on TV. I've seen shows where Probono lawyers actually take cases for wrongfully convicted people. What I never noticed is where those lawyers exhist. Funny I was in the Navy and feel I am a part of the fight for our freedom group, it's pretty bad when I now am having to fight for my husbands freedom in the country I joined to defend. Ok sorry if I have just made a really long letter to mainly vent here but who else is there to vent to?
Loving My Husband
Florida



Hello, I totally understand and agree with you, my fiance is in the same situation..Seem like there is no help for anyone wrongly convicted.His public defender has been jerking him around for years on his motion for new trial not really doing anything...You are not alone in your situation...
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  #28  
Old 11-16-2009, 10:45 AM
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Quote:
Originally Posted by TwansWifey4704 View Post
I'm from Canton ohio I have 3 small babies that are going to know there dad but aint because he is doing a bid of 21 years, for a crim he had no invalment in. They wouldnt let me testafy at his trial, an I was just wondering how they could convitced someone without any evidence, yes they had 2 testamoneys that didnt make a lick of sence, they didnt even add up,an how can they convitce somebody on a gun spec when they have no gun? He had never been in trouble for anythin like this before he didnt even have any priers he has never been convitced of a feloney. although they had a phone conversation between me an him a about a gun, mind u this was back in july when this all took place hi trial was in september a week before his trial they came to my mothers house looking for a gun that was never hear there was never a gun there was never a crim, but yet they can convitce my husband for somthin he did not do.

This sounds so much like my fiance's trial...the system is so messed up he was charged tried and convicted of two charges that cant go together in other words he should have only been charged with one or the other...He was only guilty of being at the scene. His friend shot and killed someone...really he came on the scene after the shooting...The gun was never recovered so they couldnt even prove that particular gun was used..There was never any DNA testing done...He was never tested for gun shot residue...the states own witnesses testified in court that he was not there at the time of the shooting...1st of all the county where this happened is really small, they should have granted a change of venue for the jury selection and for the trial...they used the statement he gave to the police that should have been inadmissible because he was incompasitated when he gave his statement....There was evidence of jury tampering which should have resulted in a mistrial right there...but that small town BS...There was a leak that tghe sheriff was paid off.. all this and he still has to suffer for something he didnt do...on top of that his public defender( which we all know how much good they are especially in such a small town) has been playin games with him for years on his motion for a new trial he is screwing up almost all his remedies...and trying to find someone to help is like pullin teeth private lawyer want so much money that we cant afford none of them want to bend or try to work with anyone...But hopefully in a few months I will have things straight and have the money for a good lawyer before it's too late...there were so many mistakes in his trial its unreal...I think the laws, that would have found him not guilty or that would have had the trial dismissed altogether, those laws may have not even existed for they were totally not even taken into consideration...So i'm like you how in the world they can convict someone without physical evidence even shaky circumstantial evidence the prosacutions(spelling sux LOL) own witnnesses testifying that he didnt come up til after the shooting, is TOTALLY beyond me!!!! But that's out justice system for you...and if any one reading this has any advice or any 411 on how and where i can find some legal help would be so greatly appreciated....And i wish you good luck with his situation cuz we need all we can get when fighting against a f**ked up system for real..

Last edited by kiddsgirl4life; 11-16-2009 at 10:46 AM..
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  #29  
Old 12-09-2009, 01:41 PM
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I am just starting an appeal process and did not know about the different motions that can be filed, this was very informative and yet sad to know that not many appeals are granted. my fiance has been on rikers island for 18 months. and just blew trail.
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  #30  
Old 01-19-2010, 02:22 PM
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My brother is in AZ , they gave him 63 years for something he did NOT do . His PD didn't investigate any of the info that he requested. States witness wasn't qaulified to be on stand & what she said to that Jury had a huge impact on how they sentenced my brother . He put in for a ' Direct Appeal ' ? He was denied in less than 2 months , he's ready to file a Rule32 against his trial lawyer & he's asked ME to help in collecting things he needs to file. I'm having a really hard time searching for these Case Laws , WestLaw wants to charge a credit card & LoisLaw wants the same . I need updated ' Good Law ' for these case's he's asked for . Can anyone help me ?
Thanks & God Bless ,
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  #31  
Old 01-27-2010, 03:39 PM
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In reading your thread it was like the exact same words that come out of my mouth. My fiance was offered a job in Homeland Security with a team of people who were going to be bodyguards. He was willing to go overseas to defend our country. He was a popular medic at the movie studios and this guy (the con man) came out of their security department. Littel did we know he had two previous convictions already adn still held his card to defend with the state??? Anyway he put my fiacne and his own boss through rigorous testing with teh sherriffs department, getting licenses for this and that and all our banking info for auto-deposit and our home laon to "get us a better financial situation with our home loan! Little did we know he was a con man. So my fiance was called to got to trainign for teh job, the man was meeting a lady at the sherriffs training facility. My fiacne was sitting in the lobby waiting for him playing solitaire on his pda. The guy got arrested then they came out and arrested my BF. His head was spinning he didn't know what was going on was totally interrogated and made to sign a blank piece of paper. They charged him with conspiracy, impersonating an officer and 5 counts of burglery due to the bad man. He plead not guilty and the Da and the judge refused to allow the evidence on who he was as a man and why he was even there our bank records, taxes, and bank account info on his credibility. They allowed the bad guy to plead out not go to trial and they even removed his two strikes. Yet my BF they gave him 10 years plus added to his sentence.
He never even had a traffic ticket in 12 years, there was no intent heck we had 97,000 in the bank from refinancin our house and were paying off our bills and planning our wedding! Jury didn't deliberate, judger refused the proper proof to be withheld from the trial and the Da submitted the sequence of events to the jury backwards, the judge accused my BF of purjuring himself on the stand until another witness came forward and testified to the same thing. Jury did not deliberate jurror # 7 slept through the instructions and he didn't stand a chance his lawyer was not prepared and was suffereing from a perforated colon. My fiance has the perfect record in there, got burlgery for walking up to a resdience with this man who spke a few words to a woman who came out of her home in spanish and he went along as he was told he was in training for his new job. The tiem line didn't match, but he got charged for what this guy was doing months prior. It goes to show i ahve no trust in our system of judgement or the judge who was so ingnorant to not be able to see my fiance was conned. We lost all our assets to that man prior also becasue he conned him out of our motorhome our gold cash for the team becasue it was a new business venture. But 10 years! No weapon, no drugs, no guns, no gangs, no history. Our system is sn obvious misuse of power and lack of judgement on behalf of those allowed to convict and push jsut tog et convictions whether it be on the wrong or right person. He never took a dime from anyone ever if anything he was always there to help anyone and give the shirt off his back. Yet the judge directed the whole trial by not allowing any hard proof of what was going on. The people were illegals that were accusing and did not ahve to show proof of receipts for payment they were making to the con man they could have said a million dollars. The witnesses showed up in a pair of scrubs and the mother in a wheelchair she could walk perfectly! They went to town on our system and my BF couldn't even speak spanish to know what was going on he's german!!!


















Quote:
Originally Posted by tballje View Post
Thank you very much, it is refreshing to read about others going through the same thing as my husband and I. I don't mean to say that I'm happy others are wrongfully convicted but it is nice to know I'm not alone in this. My biggest issue is not knowing if the lawyer actually did his job. I feel he did nothing in the case and came into it with the attitude of just wanting to get it over. Before this happened to my husband I had no thoughts what so ever about our justice system. When someone spoke of the justice system I had my head in the sand. Now i've completely lost my faith in the justice system, the police force and anything dealing with legal anything. I truely believe that unless you have the funds to pay for a lawyer then it is guilty until proven innocent. Am I alone in this? Funny I used to love to watch law and order and all the different law shows on TV. I've seen shows where Probono lawyers actually take cases for wrongfully convicted people. What I never noticed is where those lawyers exhist. Funny I was in the Navy and feel I am a part of the fight for our freedom group, it's pretty bad when I now am having to fight for my husbands freedom in the country I joined to defend. Ok sorry if I have just made a really long letter to mainly vent here but who else is there to vent to?
Loving My Husband
Florida
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  #32  
Old 02-02-2010, 08:16 PM
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My friend is currently in prison and he is trying to do the habeas but he need to know what is the process if he attorney did not complete it once he was sentece. his case is 10 years old and he is trying to find a lawyer that can help him on what to do.
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  #33  
Old 02-02-2010, 08:44 PM
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I wonder if anyone can help me with an issue of ineffectual counsel. My husband has been convicted of 4 charges, 3 of which are to be served concurrently but one to be served concurrently. He has done almost 20 years and the anti-terrorism act prevented us from re-opening the case (ie. too late) but I want to know how to appeal the harsh sentence based on "ineffectual counsel" reason. If anyone can direct me how to figure this out, I will be very grateful.
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  #34  
Old 02-05-2010, 09:02 PM
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Thanks for the infomation
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  #35  
Old 02-10-2010, 09:34 AM
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Default Writ of Habeaus Corpus

I apologize ahead of time, if I do this wrong, but I'd like some answers to a few questions. I have a son in jail in Wisconsin. He was sentenced to 12 months. Pennsylvania, his home state, has a detainer against him, because he has pending charges back here. He tried to file a prompt disposition of charges, but the warden at the Wisconsn jail told him that was only for state prisoners, not county inmates. Then someone who had been in jail, told my son, that he was to file a writ of habeas corpus, in that when he gets sentenced in Pennsylvania, that his time in Wisconsin will be counted toward his sentencing in PA. He's to get 15 months in PA. He has no attorney. He had a public defender who represented him in Wisconsin until he was sentenced, then he said he couldn't help him any further. The public defender in Pennsylvania told him he can't help him because he's in jail in Wisconsin. Help!!!!! I have no clue of how to help my son. Thank you in advance for your assistance.

Quote:
Originally Posted by Nemesis View Post
An individual who has been convicted of a crime may "appeal" his or her case, asking a higher court to review certain aspects of the case for legal error, as to either the conviction itself or the sentence imposed.

The Appeal Process: "Briefs" and the "Record" In an appeal, the defendant (now called the "appellant") argues that, based on key legal mistakes which affected the jury's decision and/or the sentence imposed, the case should be dismissed or the appellant should be re-tried or re-sentenced.

In considering an appeal, the court reviewing the case looks only at the "record" of the proceedings in the lower court, and does not consider any new evidence. The record is made up of the court reporter's transcripts of everything said in court, whether by the judge, the attorneys, or witnesses. Anything else admitted into evidence, such as documents or objects, also becomes part of the record.

In reaching a decision on the appeal, the higher court ("appellate court") looks to this record and to the written "briefs" filed by both sides of the appeal. For example, an appellant challenging a conviction or sentence files an opening brief, arguing how and why the conviction or sentence was legally "erroneous," or wrong. In turn, the government files its own brief to illustrate why the conviction or sentence should be upheld. The appellant typically has an opportunity to file a second brief in response to the government's position, and the appellate court may hear oral arguments from each side before reaching a decision on the appeal.

The Appeal Process: How and When?

At both the state and federal court levels, there are many options for obtaining relief after a criminal conviction or sentence. Learn more about Appeals, Writs, and Post-Conviction Remedies. It is important to note that, although it may take a number of months for an appeal to be heard and decided, most states require an appellant to notify the courts and the government of the intent to appeal very soon after a conviction or sentence.

Getting a Lawyer for your Appeal

Because trial and appellate (appeals) work are two different types of legal practice, the lawyer who represented you at the trial will not automatically file or handle your appeal. You must ask your lawyer to do so, or find another one who will. If you want to appeal your conviction, be sure to specifically and clearly inform your attorney of that fact -- the Supreme Court recently determined that an attorney's failure to file a notice of appeal does not necessarily constitute ineffective assistance of counsel so long as the defendant did not clearly convey his wishes on the subject. In many states, the state public defender (or another assigned counsel) generally will handle the appeal for those unable to pay.

Trials require the skills of a lawyer who has experience in the courtroom and working before juries. Appeals involve a large amount of writing and legal research, as well as the ability to argue legal doctrines before a judge.

May I Appeal My Conviction?

Usually a person convicted at a trial has the right to appeal the conviction at least once. (There are very few grounds for appeal if the defendant pleaded guilty.)
On appeal, the defendant can raise claims that mistakes were made in applying and interpreting the law during the trial. For example, the defendant might claim that the judge erroneously admitted hearsay testimony, gave improper jury instructions, should not have permitted the prosecution to use evidence obtained in violation of the defendant's constitutional rights, or permitted the prosecution to make improper closing arguments. If the appellate court agrees that there were significant errors in the trial, the defendant will get a new trial.

What If the Law Changes After a Court Convicts Me?

If a court convicted you for something that is no longer a crime, you might be able to have your conviction overturned. This also might be possible if a trial court denied you a right that the U.S. Supreme Court later rules is guaranteed by the U.S. Constitution. However, your rights will depend on whether the new rule or law is retroactive, that is, applied to past court decisions. As a general rule, a change in the law would be retroactive to your criminal case if the case has been appealed but not resolved at the time the law is changed. If, on the other hand, your case on appeal has been resolved, the change in the law would not be retroactive to your case, unless the change is one that directly enhances the accurate determination of your guilt or innocence.

What Is a Habeas Corpus Proceeding?

Literally, habeas corpus means "to hold a body." A habeas corpus proceeding challenges a conviction based upon the grounds that you are being held in prison in violation of your constitutional rights. Habeas corpus is not an appeal but a separate civil proceeding used after a direct appeal has been unsuccessful. A common constitutional challenge under habeas corpus is that defendants received "ineffective assistance of counsel" at trial, meaning that their lawyers did not do a competent job of defending them. Such a claim is difficult to prove and will require the defendant-appellant to find a different lawyer to argue the incompetence of the previous attorney. Legal arguments in a habeas case are generally done through written motions. An evidentiary hearing may be held as needed, however.

Appeals and the Writ of Habeas Corpus FAQ

Defendants who think they've been wrongfully convicted of a crime have a number of options.

What is an appeal?

An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.

What are the chances that my conviction will be reversed?

Appeals judges generally resist overruling trial court judgments and prefer to give trial judges wide discretion in the conduct of trials. As many appellate courts have said, defendants are not guaranteed "perfect" trials. Normally an appellate court will overturn a guilty verdict only if the trial court made an error of law that significantly contributed to the outcome. Put differently, an error by the trial judge will not lead to a reversal of a conviction as long as the error can reasonably be considered harmless. Not surprisingly, most errors are deemed "harmless," and consequently few convictions are reversed. However, some types of errors are so grievous that they are presumed harmful, such as the use of a coerced confession in violation of the 14th Amendment.

Sentences are a different matter. When the trial judge is given discretion over the sentence, the appellate court will rarely interfere. However, if the law requires a particular sentence and the judge gets it wrong, the appellate court will usually send the case back for resentencing.

What is a writ?

The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts. There were different kinds of writs for different actions -- writs to recover land or personal property, to enforce judgments, to seek damages for broken contracts. Most of the common law writs have been abolished and replaced by the civil actions we know today.

In another sense, the word writ meant, and still means, an order. For example, an "original writ" in old England was a letter from the king to the local sheriff ordering someone who committed a wrong to either make repairs to the person wronged or appear in court to face formal accusations. In this context, the original writ is most like our "summons" ordering a party to appear in court.

In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. (Many states have two levels of appellate courts -- an intermediate appellate court and the state Supreme Court.) This section merely outlines common writs. Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel.

What's the difference between a writ and an appeal?

Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).

Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):

• The defense did not lodge a timely objection at the time of the alleged injustice (but should have).
• A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense.
• The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court.)
• The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately.

What is a writ of habeas corpus?

Defendants who want to challenge the legality of their imprisonment -- or the conditions in which they are being imprisoned -- may seek help from a court by filing an application for what is known as a "writ of habeas corpus.

A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times -- such as war.

Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months -- even years -- without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.

Potential Post-conviction Remedies

As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.

This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.

• Motion for Acquittal. A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.
• Motion for a New Trial. Request that trial judge declare a mistrial and grant a new trial.
• Appeal to State Appellate Court. Contends that trial judge made some legal error.
• Petition for Rehearing to State Appeals Court. Requests that appeals court judges change their own decision.
• State Supreme Court Appeal. Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
• U.S. Supreme Court Appeal. Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
• State Court Habeas Corpus Petitions. Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
• Federal Habeas Corpus Petition to District Court. Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
• Appeal of Federal Habeas Corpus Petition to Circuit Court. Requests the mid-level federal court to review the federal trial court's decision denying the writ.
• Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court. Requests the highest court in the land to review the mid-level federal court's decision denying the writ.
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  #36  
Old 02-12-2010, 02:22 AM
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I'm trying to help someone that is in priosn in Florida. He has already put an appeal in and it has been approved. My question is When he files a pro'se motion for Demand of Discovery, Fla. R Crim. P. Rule 3.220, is the state prosecutor obligated to send a copy of it's response to his attorney when it makes its response upon the court's granting of the motion?
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Old 07-31-2010, 11:22 PM
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Is it legal for a Lawyer who represents a co-defendent on a previous Conspiracy Case to list the name of another convicted codefendant as providing information to the Government as a condition of a Sustancial Asistance Plea Bargain in an Appeal?

Does the hired Lawyer have a responsibility to prove that the Co-defendent provided susbstancial asistance before presenting this information in an appeal?

Last question, If the co-defendant in question did not provide substancial assistance to the government for a time reduction can the co-defendant sue the Attorney for slander?
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  #38  
Old 08-01-2010, 09:30 PM
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The judge that sentenced my boyfriend to him to file a habeas corpus I had no idea what it even meant, but after reading this sounds like a waste of time and more attorney fees for nothing.
The attorney I hired for him was worthless,and he had to fire him, the public defender he ended up with at his sentence just so happens to be engaged to the DA, I would call that a conflict of interest,but then again its GA.
Anyway thank you for posting this information, I don't think I am going to hold my breath as far as him getting a reduced sentence after filing thishabeas corpus but if it makes him feel better, than who am I to question it.
laurie
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  #39  
Old 12-11-2010, 06:50 PM
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Quote:
Originally Posted by TwansWifey4704 View Post
My husband is doing a bid of 21 years for a crime he did not commite, I was just wondering wut does that fall under?
I am in the same situation and trying to find answer about what to read and where to find what I need but its very confusing
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Old 01-09-2011, 09:00 PM
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Default I need HELP

My name is Donna and I need HELP. My fiancee has had an appeal and it was denied and now he has a habeaus corpus that he can do but he is running out of time. We don't have the money financially for a lawyer and I don't know where to turn for help. He has till the 22nd of this month. He is in for a murder he did not commit and he is starting to give up and think he'll never get out. I never seen or heard him like this. We have only been together for 8 months but he is the best thing that has ever happened to me and my family. It is like I have know him my whole life. He got such a raw deal. He is serving life w/o parole with a 10 yr enhancement. I have already tried the Innocence Project but his co-defender who did the kill the victim went there and they said it is a conflict of intrest. Please help. We need someone to hear our voice. Please HELP me HELP him. I am so mad and distraut over the whole situation, WHERE IS THE JUSTICE. How can Arnold cut a man who sits on the senate sons sentence for murder and how can my fiancee who has never been in trouble and is at the wrong place with the wrong person do life for something he didn't do. I Need HELP.....Please someone HELP us...Thank you
Quote:
Originally Posted by Nemesis View Post
An individual who has been convicted of a crime may "appeal" his or her case, asking a higher court to review certain aspects of the case for legal error, as to either the conviction itself or the sentence imposed.

The Appeal Process: "Briefs" and the "Record" In an appeal, the defendant (now called the "appellant") argues that, based on key legal mistakes which affected the jury's decision and/or the sentence imposed, the case should be dismissed or the appellant should be re-tried or re-sentenced.

In considering an appeal, the court reviewing the case looks only at the "record" of the proceedings in the lower court, and does not consider any new evidence. The record is made up of the court reporter's transcripts of everything said in court, whether by the judge, the attorneys, or witnesses. Anything else admitted into evidence, such as documents or objects, also becomes part of the record.

In reaching a decision on the appeal, the higher court ("appellate court") looks to this record and to the written "briefs" filed by both sides of the appeal. For example, an appellant challenging a conviction or sentence files an opening brief, arguing how and why the conviction or sentence was legally "erroneous," or wrong. In turn, the government files its own brief to illustrate why the conviction or sentence should be upheld. The appellant typically has an opportunity to file a second brief in response to the government's position, and the appellate court may hear oral arguments from each side before reaching a decision on the appeal.

The Appeal Process: How and When?

At both the state and federal court levels, there are many options for obtaining relief after a criminal conviction or sentence. Learn more about Appeals, Writs, and Post-Conviction Remedies. It is important to note that, although it may take a number of months for an appeal to be heard and decided, most states require an appellant to notify the courts and the government of the intent to appeal very soon after a conviction or sentence.

Getting a Lawyer for your Appeal

Because trial and appellate (appeals) work are two different types of legal practice, the lawyer who represented you at the trial will not automatically file or handle your appeal. You must ask your lawyer to do so, or find another one who will. If you want to appeal your conviction, be sure to specifically and clearly inform your attorney of that fact -- the Supreme Court recently determined that an attorney's failure to file a notice of appeal does not necessarily constitute ineffective assistance of counsel so long as the defendant did not clearly convey his wishes on the subject. In many states, the state public defender (or another assigned counsel) generally will handle the appeal for those unable to pay.

Trials require the skills of a lawyer who has experience in the courtroom and working before juries. Appeals involve a large amount of writing and legal research, as well as the ability to argue legal doctrines before a judge.

May I Appeal My Conviction?

Usually a person convicted at a trial has the right to appeal the conviction at least once. (There are very few grounds for appeal if the defendant pleaded guilty.)
On appeal, the defendant can raise claims that mistakes were made in applying and interpreting the law during the trial. For example, the defendant might claim that the judge erroneously admitted hearsay testimony, gave improper jury instructions, should not have permitted the prosecution to use evidence obtained in violation of the defendant's constitutional rights, or permitted the prosecution to make improper closing arguments. If the appellate court agrees that there were significant errors in the trial, the defendant will get a new trial.

What If the Law Changes After a Court Convicts Me?

If a court convicted you for something that is no longer a crime, you might be able to have your conviction overturned. This also might be possible if a trial court denied you a right that the U.S. Supreme Court later rules is guaranteed by the U.S. Constitution. However, your rights will depend on whether the new rule or law is retroactive, that is, applied to past court decisions. As a general rule, a change in the law would be retroactive to your criminal case if the case has been appealed but not resolved at the time the law is changed. If, on the other hand, your case on appeal has been resolved, the change in the law would not be retroactive to your case, unless the change is one that directly enhances the accurate determination of your guilt or innocence.

What Is a Habeas Corpus Proceeding?

Literally, habeas corpus means "to hold a body." A habeas corpus proceeding challenges a conviction based upon the grounds that you are being held in prison in violation of your constitutional rights. Habeas corpus is not an appeal but a separate civil proceeding used after a direct appeal has been unsuccessful. A common constitutional challenge under habeas corpus is that defendants received "ineffective assistance of counsel" at trial, meaning that their lawyers did not do a competent job of defending them. Such a claim is difficult to prove and will require the defendant-appellant to find a different lawyer to argue the incompetence of the previous attorney. Legal arguments in a habeas case are generally done through written motions. An evidentiary hearing may be held as needed, however.

Appeals and the Writ of Habeas Corpus FAQ

Defendants who think they've been wrongfully convicted of a crime have a number of options.

What is an appeal?

An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.

What are the chances that my conviction will be reversed?

Appeals judges generally resist overruling trial court judgments and prefer to give trial judges wide discretion in the conduct of trials. As many appellate courts have said, defendants are not guaranteed "perfect" trials. Normally an appellate court will overturn a guilty verdict only if the trial court made an error of law that significantly contributed to the outcome. Put differently, an error by the trial judge will not lead to a reversal of a conviction as long as the error can reasonably be considered harmless. Not surprisingly, most errors are deemed "harmless," and consequently few convictions are reversed. However, some types of errors are so grievous that they are presumed harmful, such as the use of a coerced confession in violation of the 14th Amendment.

Sentences are a different matter. When the trial judge is given discretion over the sentence, the appellate court will rarely interfere. However, if the law requires a particular sentence and the judge gets it wrong, the appellate court will usually send the case back for resentencing.

What is a writ?

The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts. There were different kinds of writs for different actions -- writs to recover land or personal property, to enforce judgments, to seek damages for broken contracts. Most of the common law writs have been abolished and replaced by the civil actions we know today.

In another sense, the word writ meant, and still means, an order. For example, an "original writ" in old England was a letter from the king to the local sheriff ordering someone who committed a wrong to either make repairs to the person wronged or appear in court to face formal accusations. In this context, the original writ is most like our "summons" ordering a party to appear in court.

In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. (Many states have two levels of appellate courts -- an intermediate appellate court and the state Supreme Court.) This section merely outlines common writs. Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel.

What's the difference between a writ and an appeal?

Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).

Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):

• The defense did not lodge a timely objection at the time of the alleged injustice (but should have).
• A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense.
• The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court.)
• The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately.

What is a writ of habeas corpus?

Defendants who want to challenge the legality of their imprisonment -- or the conditions in which they are being imprisoned -- may seek help from a court by filing an application for what is known as a "writ of habeas corpus.

A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times -- such as war.

Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months -- even years -- without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.

Potential Post-conviction Remedies

As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.

This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.

• Motion for Acquittal. A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.
• Motion for a New Trial. Request that trial judge declare a mistrial and grant a new trial.
• Appeal to State Appellate Court. Contends that trial judge made some legal error.
• Petition for Rehearing to State Appeals Court. Requests that appeals court judges change their own decision.
• State Supreme Court Appeal. Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
• U.S. Supreme Court Appeal. Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
• State Court Habeas Corpus Petitions. Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
• Federal Habeas Corpus Petition to District Court. Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
• Appeal of Federal Habeas Corpus Petition to Circuit Court. Requests the mid-level federal court to review the federal trial court's decision denying the writ.
• Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court. Requests the highest court in the land to review the mid-level federal court's decision denying the writ.
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Old 01-10-2011, 06:19 PM
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Default Sample Writs for prisoner in state custody

So he is a state prisoner and he has exhausted his appeal and state postconviction rights? Now he wants to file the 28 USC 2254 federal writ of habeas corpus.

These are very difficult to do correctly. The grounds must be a federal constitutional issue that was fully raised in state court proceedings and denied by the state courts on grounds that is contrary to federal precedent. Most petitions are lost because they are filed too late or the issues were not properly raised first in the state courts.

I have attached a few things for you to look at.

The first is a 1992 petition filed by a pro se prisoner in Colorado, and this writ was granted. But, this was before the law changed in 1997 and now the procedure and form to file is different.

The second attachment is a Petition I filed recently.

The third attachment is the form for filing a pro se petition (it is the same basic form for all federal courts, but you need to change the District of Colorado to your federal district court in California.


Quote:
Originally Posted by covergirl1223 View Post
My name is Donna and I need HELP. My fiancee has had an appeal and it was denied and now he has a habeaus corpus that he can do but he is running out of time. We don't have the money financially for a lawyer and I don't know where to turn for help. He has till the 22nd of this month. He is in for a murder he did not commit and he is starting to give up and think he'll never get out. I never seen or heard him like this. We have only been together for 8 months but he is the best thing that has ever happened to me and my family. It is like I have know him my whole life. He got such a raw deal. He is serving life w/o parole with a 10 yr enhancement. I have already tried the Innocence Project but his co-defender who did the kill the victim went there and they said it is a conflict of intrest. Please help. We need someone to hear our voice. Please HELP me HELP him. I am so mad and distraut over the whole situation, WHERE IS THE JUSTICE. How can Arnold cut a man who sits on the senate sons sentence for murder and how can my fiancee who has never been in trouble and is at the wrong place with the wrong person do life for something he didn't do. I Need HELP.....Please someone HELP us...Thank you
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Old 01-17-2011, 10:57 PM
agape1114 agape1114 is offline
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Default Please Can it be granted

I filed a writ of habeas corpus for my husband on the grounds of incompetance of counsol. Grounds of our attoney didn't even give him a copy of the police report until the day he was sentenced after repeatly asking for it. All he had for the duation of his defense was the penal code written on the back of his business card. I turned all that in with the petition of the writ. Saying that because he didn't receive a copy of the police report this caused a "miscarrage in justice" because had he had a copy he would have taken it to trial. Here is the thing, if you have to appeal to the judge that sentence you, we might be in luck because that judge said ( I don't know why he doesn't take it trial, there is so much inconclusive evidence) so what do you think? Could the writ be granted? I filed it Dec. 27th 2010

Thanks,

Agape
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Old 01-30-2011, 11:15 AM
dellachippewa dellachippewa is offline
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Thank you for the information - how do I get people's interest in my son's case-serving a 60 year sentence in Oklahoma, never been in trouble-he's already filed an appeal, but I'd like to get public support without jeopardizing his case. Any thoughts are welcome...please.
Quote:
Originally Posted by Nemesis View Post
An individual who has been convicted of a crime may "appeal" his or her case, asking a higher court to review certain aspects of the case for legal error, as to either the conviction itself or the sentence imposed.

The Appeal Process: "Briefs" and the "Record" In an appeal, the defendant (now called the "appellant") argues that, based on key legal mistakes which affected the jury's decision and/or the sentence imposed, the case should be dismissed or the appellant should be re-tried or re-sentenced.

In considering an appeal, the court reviewing the case looks only at the "record" of the proceedings in the lower court, and does not consider any new evidence. The record is made up of the court reporter's transcripts of everything said in court, whether by the judge, the attorneys, or witnesses. Anything else admitted into evidence, such as documents or objects, also becomes part of the record.

In reaching a decision on the appeal, the higher court ("appellate court") looks to this record and to the written "briefs" filed by both sides of the appeal. For example, an appellant challenging a conviction or sentence files an opening brief, arguing how and why the conviction or sentence was legally "erroneous," or wrong. In turn, the government files its own brief to illustrate why the conviction or sentence should be upheld. The appellant typically has an opportunity to file a second brief in response to the government's position, and the appellate court may hear oral arguments from each side before reaching a decision on the appeal.

The Appeal Process: How and When?


At both the state and federal court levels, there are many options for obtaining relief after a criminal conviction or sentence. Learn more about Appeals, Writs, and Post-Conviction Remedies. It is important to note that, although it may take a number of months for an appeal to be heard and decided, most states require an appellant to notify the courts and the government of the intent to appeal very soon after a conviction or sentence.

Getting a Lawyer for your Appeal

Because trial and appellate (appeals) work are two different types of legal practice, the lawyer who represented you at the trial will not automatically file or handle your appeal. You must ask your lawyer to do so, or find another one who will. If you want to appeal your conviction, be sure to specifically and clearly inform your attorney of that fact -- the Supreme Court recently determined that an attorney's failure to file a notice of appeal does not necessarily constitute ineffective assistance of counsel so long as the defendant did not clearly convey his wishes on the subject. In many states, the state public defender (or another assigned counsel) generally will handle the appeal for those unable to pay.

Trials require the skills of a lawyer who has experience in the courtroom and working before juries. Appeals involve a large amount of writing and legal research, as well as the ability to argue legal doctrines before a judge.

May I Appeal My Conviction?


Usually a person convicted at a trial has the right to appeal the conviction at least once. (There are very few grounds for appeal if the defendant pleaded guilty.)
On appeal, the defendant can raise claims that mistakes were made in applying and interpreting the law during the trial. For example, the defendant might claim that the judge erroneously admitted hearsay testimony, gave improper jury instructions, should not have permitted the prosecution to use evidence obtained in violation of the defendant's constitutional rights, or permitted the prosecution to make improper closing arguments. If the appellate court agrees that there were significant errors in the trial, the defendant will get a new trial.

What If the Law Changes After a Court Convicts Me?

If a court convicted you for something that is no longer a crime, you might be able to have your conviction overturned. This also might be possible if a trial court denied you a right that the U.S. Supreme Court later rules is guaranteed by the U.S. Constitution. However, your rights will depend on whether the new rule or law is retroactive, that is, applied to past court decisions. As a general rule, a change in the law would be retroactive to your criminal case if the case has been appealed but not resolved at the time the law is changed. If, on the other hand, your case on appeal has been resolved, the change in the law would not be retroactive to your case, unless the change is one that directly enhances the accurate determination of your guilt or innocence.

What Is a Habeas Corpus Proceeding?

Literally, habeas corpus means "to hold a body." A habeas corpus proceeding challenges a conviction based upon the grounds that you are being held in prison in violation of your constitutional rights. Habeas corpus is not an appeal but a separate civil proceeding used after a direct appeal has been unsuccessful. A common constitutional challenge under habeas corpus is that defendants received "ineffective assistance of counsel" at trial, meaning that their lawyers did not do a competent job of defending them. Such a claim is difficult to prove and will require the defendant-appellant to find a different lawyer to argue the incompetence of the previous attorney. Legal arguments in a habeas case are generally done through written motions. An evidentiary hearing may be held as needed, however.

Appeals and the Writ of Habeas Corpus FAQ

Defendants who think they've been wrongfully convicted of a crime have a number of options.

What is an appeal?

An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.

What are the chances that my conviction will be reversed?

Appeals judges generally resist overruling trial court judgments and prefer to give trial judges wide discretion in the conduct of trials. As many appellate courts have said, defendants are not guaranteed "perfect" trials. Normally an appellate court will overturn a guilty verdict only if the trial court made an error of law that significantly contributed to the outcome. Put differently, an error by the trial judge will not lead to a reversal of a conviction as long as the error can reasonably be considered harmless. Not surprisingly, most errors are deemed "harmless," and consequently few convictions are reversed. However, some types of errors are so grievous that they are presumed harmful, such as the use of a coerced confession in violation of the 14th Amendment.

Sentences are a different matter. When the trial judge is given discretion over the sentence, the appellate court will rarely interfere. However, if the law requires a particular sentence and the judge gets it wrong, the appellate court will usually send the case back for resentencing.

What is a writ?

The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts. There were different kinds of writs for different actions -- writs to recover land or personal property, to enforce judgments, to seek damages for broken contracts. Most of the common law writs have been abolished and replaced by the civil actions we know today.

In another sense, the word writ meant, and still means, an order. For example, an "original writ" in old England was a letter from the king to the local sheriff ordering someone who committed a wrong to either make repairs to the person wronged or appear in court to face formal accusations. In this context, the original writ is most like our "summons" ordering a party to appear in court.

In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court. (Many states have two levels of appellate courts -- an intermediate appellate court and the state Supreme Court.) This section merely outlines common writs. Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel.

What's the difference between a writ and an appeal?

Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal. As a general rule, this applies to issues that are not apparent in the record of the case itself (such as when an attorney fails to investigate a possible defense).

Any one of the following reasons, for example, may prohibit an appeal (and justify a writ):

• The defense did not lodge a timely objection at the time of the alleged injustice (but should have).
• A final judgment has not yet been entered in the trial court, but the party seeking the writ needs relief at once to prevent an injustice or unnecessary expense.
• The matter is urgent. (Writs are heard more quickly than appeals, so defendants who feel wronged by actions of the trial judge may need to take a writ to obtain an early review by a higher court.)
• The defendant has already lodged an unsuccessful appeal (defendants may file multiple writs but the right to appeal is limited to one). But filing a writ that simply mimics an unsuccessful appeal is a frivolous writ and will be dismissed immediately.

What is a writ of habeas corpus?


Defendants who want to challenge the legality of their imprisonment -- or the conditions in which they are being imprisoned -- may seek help from a court by filing an application for what is known as a "writ of habeas corpus.

A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times -- such as war.

Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months -- even years -- without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.

Potential Post-conviction Remedies

As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.

This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.

• Motion for Acquittal. A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.
• Motion for a New Trial. Request that trial judge declare a mistrial and grant a new trial.
• Appeal to State Appellate Court. Contends that trial judge made some legal error.
• Petition for Rehearing to State Appeals Court. Requests that appeals court judges change their own decision.
• State Supreme Court Appeal. Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
• U.S. Supreme Court Appeal. Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
• State Court Habeas Corpus Petitions. Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
• Federal Habeas Corpus Petition to District Court. Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
• Appeal of Federal Habeas Corpus Petition to Circuit Court. Requests the mid-level federal court to review the federal trial court's decision denying the writ.
• Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court. Requests the highest court in the land to review the mid-level federal court's decision denying the writ.
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Old 03-23-2012, 01:21 PM
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HOW DO YOU PETITION THE THIRD STRIKE LAW IN CALIFORNIA; I have a friend who is terminally ill and in the last stages of cirrhosis of the liver. He went to jail on a possession charge with two prier strikes,received 21 years on that possession charge this past December 21,2011. He was offered a drug program in the beginning but after going to trial his verdict was a hung jury, the judge sentences him to 21 years.! He was sent to Wasco R/C in Wasco Ca, and has no family left alive to help him. How do I find him A good Appeal Lawyer to take his Appeal case now that the appeal as been approved. Any Help will be very appreciated
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Old 09-17-2012, 10:40 PM
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Quote:
Originally Posted by Colorado_Lawyer View Post
So he is a state prisoner and he has exhausted his appeal and state postconviction rights? Now he wants to file the 28 USC 2254 federal writ of habeas corpus.

These are very difficult to do correctly. The grounds must be a federal constitutional issue that was fully raised in state court proceedings and denied by the state courts on grounds that is contrary to federal precedent. Most petitions are lost because they are filed too late or the issues were not properly raised first in the state courts.

I have attached a few things for you to look at.

The first is a 1992 petition filed by a pro se prisoner in Colorado, and this writ was granted. But, this was before the law changed in 1997 and now the procedure and form to file is different.

The second attachment is a Petition I filed recently.

The third attachment is the form for filing a pro se petition (it is the same basic form for all federal courts, but you need to change the District of Colorado to your federal district court in California.

My hubby just got sentenced after doing 11 years this is his 3rd strike last week and I just did an appeal for him that I plan on mailing proof of service and the appeal tomorrow myself...I know that I have to do the brief too...However, what I don't know is when to do the habeas corpus is it after/if or during the time that they are deciding the appeal....I do have several things in my brief but need to know more about what to do or when to do a habeas corpus please or should I have done it before. I know that his trial was not right and the attorney did nothing so tell what you think please
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Old 02-14-2013, 09:03 AM
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Default Prop 36

My man has a friend (lifer) that is eligible to have his sentenced reviewed/reduced because of the changes to prop 36. Would these appeal process' apply here? I found the Judge online that is reviewing LA counties but can't find who to write for San Bernardino county. I told my guy I would try and find out for his friend..
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Old 07-18-2013, 12:25 AM
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Default questions about appeal or habeas corpus petition

ok so someone I know has been in jail since 2001for 2nd degree robbery. He was sentenced 15years and should have served 80%. He has since gotten in trouble and was given additional time on his sentence. He was supposed to have been released 3/2013 but is now given a release date of 6/2016. He has said that he is currently given more time because the jails or system shows he is convicted of 1st degree burglary which carrys longer sentence. He has tried to file habeas corpus motion but was dismissed because he couldn't provide his proof of sentencing. He only has papers stating burglary but doesn't show degree. What can I do to help him petition for habeas corpus?
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Old 07-18-2013, 09:36 AM
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Check with the clerk of the court where he was sentenced for copies of his case file and sentencing documents. You need the actual statute he was sentenced under from the charging document, and also the judge's sentencing order.

They are a public record unless they were sealed, so you should only have to request them, and pay whatever copying fees they charge. Ask for (and pay a little more) for certified copies, which should be acceptable to the new court.
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