View Full Version : Need help to appeal?


TBONES WIFE
01-04-2011, 02:07 PM
Hi guys,
I need help my husband is currently incarcerated and in the feds. So he got sentenced in March and wants to put an appeal in, so i talked to one lawyer but he quoted me a price of $5,000. BUT im a single parent right now and struggling so i consider that to much but just wanted to get some input on roundabout prices on putting an appeal. The lawyer was saying about putting a 2250 motion.. Whatever that is.If anyone out there can help i would appreciate it ...Thanks in advance.

Colorado_Lawyer
01-04-2011, 07:43 PM
If he was sentenced in March 2010, it is too late to appeal, and it is almost too late to file the 2255 motion. It needs to be filed within one year of sentencing. If you want to look at samples, get on google and google: 2255 federal writ of habeas corpus

You will pull up all sorts of information, practice pointers, samples, etc.

alaya92
01-05-2011, 01:39 PM
@ colorado lawyer do u know if we can appeal more than once to the superior court

Colorado_Lawyer
01-05-2011, 05:27 PM
Can you explain more about what you are talking about? Sometimes cases will go back and forth between the appellate court and trial court for years. However, you cannot appeal the same issue or the same order more than once.

Rankin Johnson
01-06-2011, 08:25 PM
Hi guys,
I need help my husband is currently incarcerated and in the feds. So he got sentenced in March and wants to put an appeal in, so i talked to one lawyer but he quoted me a price of $5,000. BUT im a single parent right now and struggling so i consider that to much but just wanted to get some input on roundabout prices on putting an appeal. The lawyer was saying about putting a 2250 motion.. Whatever that is.If anyone out there can help i would appreciate it ...Thanks in advance.

If you, or, more to the point, he can't afford to hire counsel, the court might provide counsel. Google should take you to the federal public defender's office in your area, and they can tell you about the process.

The price depends on a whole lot of things, but $5,000 for an appeal is probably not unreasonable. An appeal and a 2255 petition aren't the same, but they can overlap.

Good luck.

/s/ Rankin Johnson IV

Paralegal USA
01-06-2011, 09:10 PM
If you, or, more to the point, he can't afford to hire counsel, the court might provide counsel.

Those establishing they are unable to afford private counsel must be appointed an attorney for direct appeal. However, collateral challenges under 2254 and 2255 do not necessitate appointed counsel assignment in the absence of order for evidentiary hearings. Case law in most circuits makes this clear.

Rankin Johnson
01-06-2011, 10:11 PM
Those establishing they are unable to afford private counsel must be appointed an attorney for direct appeal. However, collateral challenges under 2254 and 2255 do not necessitate appointed counsel assignment in the absence of order for evidentiary hearings. Case law in most circuits makes this clear.

Sure. So he should ask. He's not _entitled_ to appointed counsel, but the court has the authority to appoint counsel.

/s/ Rankin Johnson IV

Colorado_Lawyer
01-07-2011, 12:30 AM
In colorado, the District of Colorado will not appoint counsel to file the federal writ of habeas corpus in non death penalty case. The writ must be filed through retained counsel or pro se. However, if the District Court grants an evidentiary hearing, then counsel will be appointed upon request.

Sure. So he should ask. He's not _entitled_ to appointed counsel, but the court has the authority to appoint counsel.

/s/ Rankin Johnson IV

Paralegal USA
01-07-2011, 05:40 AM
Sure. So he should ask. He's not _entitled_ to appointed counsel, but the court has the authority to appoint counsel. /s/ Rankin Johnson IV

220.45 Appointment of Counsel in Habeas Corpus and Proceedings Under 28 U.S.C. 2255

While the Rules Governing Section 2254 Cases in the U.S.District Courts and the Rules Governing Section 2255 Proceedings in the U.S. District Courts mention the appointment of counsel only with regard to discovery and evidentiary hearings, the CJA, 18 U.S.C. 3006A(a)(2)(B) (http://www.law.cornell.edu/uscode/18/3006A.html#a_2_B), permits discretionary appointment at any stage of the proceedings, in the interest of justice. Guide, Vol 7A, 210.20.20(a)(2) (http://www.prisontalk.com/forums/#210_20_20).

http://www.uscourts.gov/FederalCourts/AppointmentOfCounsel/CJAGuidelinesForms/vol7PartA/vol7PartAChapter2.aspx#220_45

The caveat permitting the appointment of counsel "at any state of the proceedings, in the interest of justice" necessitates a proceeding be first commenced. Moving a court for appointment of counsel for 2255 relief before a petition is even filed, is an exercise in futility.

TBONES WIFE
01-11-2011, 06:16 PM
So does he need a paid lawyer or can he get like a public defender?? Still confused about everything but he got sentence in pa but is currently in ny..And Basically he got a 9 year bid and is trying to get resentenced to get home sooner. But what's the percentage of someone actually winning a 2255 motion..is it really worth it??

Colorado_Lawyer
01-11-2011, 08:16 PM
No, he will not get a federal public defender to help him write his 2255 motion -- that only happens in death penalty cases. So, he either needs to do it himself (and then he might get appointed an attorney once it is filed, but this is rare) or he needs a private attorney.

Statistically, the chances of winning a 2255 motion are pretty slim. I cannot be more specific without knowing all the facts of the case and what his issues are. Of course, if he has a really great issue, then he has a much better chance.

Paralegal USA
01-12-2011, 08:52 AM
Taking it a step further as to options ...

As CO Lawyer said, a PD will not be assigned to file the 2255 for him. Retaining private counsel for that purpose would therefore be the best of two remaining options. Filing pro se (on his own) is the other. But assistance with pro se pleadings is available through prison inmate law library clerks. Also, if you look hard enough, you may be able to find someone on the outside knowledgeable in federal post-conviction laws to help an inmate proceeding pro se. A non-attorney is, however, very limited in what he/she can do to help.

Rankin Johnson
01-12-2011, 09:23 AM
No, he will not get a federal public defender to help him write his 2255 motion -- that only happens in death penalty cases. So, he either needs to do it himself (and then he might get appointed an attorney once it is filed, but this is rare) or he needs a private attorney.


I think this varies from state to state, and I guess I wouldn't hear about all the cases where counsel is not appointed. But in Oregon, counsel is regularly appointed in habeas cases when the pro-se petition alleges a decent issue. (Most habeas cases are 2254 petitions from state-court convictions, but 2255 petitions from federal convictions are treated similarly.)

If you can hire counsel to help prepare the petition, it's a good idea. But if you can't, a pro-se petition alleging a genuine issue has a reasonable chance of getting counsel appointed. Around here, the attorneys who handle court-appointed federal habeas cases are usually pretty good attorneys.

/s/ Rankin Johnson IV

Pierreswife
01-12-2011, 09:54 AM
Just want to throw this out there...my hubby and I are going to use NLPA for his appeal. They specialize in Fed cases and the head paralegal was once in the feds. They may be cheaper. As everyone else said...without knowing the totality of the circumstances...it is almost impossible for anyone to answer your question specifically. what portion of the charge is he trying to appeal? What is the basis that he is using to get his sentence lowered. These are important things to consider. If he is trying to get the new law applied to his sentence...that may be a no go ( I may be wrong), but if there is another issue...you NLPA may be able to help