Can they deny his appeal if he was in the box during the time he had request appeal

[angel12569]

Don't even know how to explain this, since I haven't seen the letter. My husband told me Rockland County where he has one of his charges is denying his appeal because he didn't do it within the thirty days of getting sentence. He wrote them explaining that he was in lockdown for those thirty days and he wasn't able to write because of this. The DA is still denying him the appeal. Can they do that if he was unable to write or send letters since he was on lockdown. Just wondering if anyone knows what can be done if anything. Any help would be greatly appreciated. Thanking you all.

[Gryphon]

Yes, they can (and did) deney him the ability to have an apeal heard. Now, he has to request an extension for the filing deadline (based on teh State deneying him due process to be able to file the appeal.) If he loses, he can then take a writ to a higher court. He can't take the writ until he exhausts his remedies in the lower court.

[angel12569]

thanks I appreciate the info, will let him know this weekend.