gryphon175
11-15-2004, 11:05 AM
Hello out there! Can anyone please tell me what the decision "order affirmed" means in an appeals case? I'm thinking that it is not good news. I would greatly appreciate any info even if it is not good. :( Thanks!
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View Full Version : Question on Appeals Court decision gryphon175 11-15-2004, 11:05 AM Hello out there! Can anyone please tell me what the decision "order affirmed" means in an appeals case? I'm thinking that it is not good news. I would greatly appreciate any info even if it is not good. :( Thanks! ellipanitz 11-15-2004, 04:46 PM It's my understanding that the trial courts verdict is affirmed by the appelate court without giving a reason. That means that you cannot attack the appeal decison and must go the post conviction route of filing a State and then Federal Habeas Corpus along with filing a 3.850 motion. It's not good news but not hopeless either. The bad news is you cannot be assigned a public defender for post conviction relief. You must either pay a lawyer, find one to do the case pro-bono, you have a better chance of winning the lottery, or doing the work yourself. Good luck. gryphon175 11-16-2004, 09:03 AM Thank you so much, Ellipanitz. Can I ask you another question? What if the person in question already has a court appointed attorney? Will this person still be able to file for the post conviction route?:( ellipanitz 11-16-2004, 03:56 PM Generally court appointed attorneys are done once the appeal has been answered, whether postitive or negative. The consititution does not provide for court appointed legal counsel for post-conviction relief. As I said earlier you will have to find a post-conviction attorney to take the case or do it yourself. It is difficult if not downright impossible to find an attorney that will take a post-conviction case on a pro bono basis unless the death penalty is involved. My husband has just finished doing his own State Habeas Corpus, and he's done a better job than his court appointed attorney did on his intitial appeal. Whatever you decide you need to do something soon as the clock is ticking on filing for post-conviction relief. While some state's give you up to 2 years to file a State Habeas the federal Habeas must be filed within a year and 90 days from when your appeal was denied. |