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  #151  
Old 05-10-2012, 11:01 AM
Brittknee710 Brittknee710 is offline
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New York?
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  #152  
Old 05-30-2012, 11:08 PM
achatman achatman is offline
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Default Answer for info on appeal update

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Originally Posted by Coreysstuff View Post
My hubby told me there is a website that you can go to to see where the appeal is standing and if they have made a decision and all of that but he didn't know where. Does any one know how to find it?????? I don't even know where to begin. I would love to check on it.

Hi,
I am am in Michigan not sure where you are at however you should be able to google the county his case is supported by typing in the name of the county and state web address. Each county has there own website unless it's in the sticks then you have to contact the circuit court for that county to inquire on status of appeal. However was is concerning if he doesn't have an update and you either like most appeal attorneys who are over worked and under paid he made not have filed on his behalf due to lack of proof for his case. I hope this helps. and if not shoot me back a feed on the county, state, city and the number district court and i an message you back a link to locate it .
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  #153  
Old 07-03-2012, 11:27 PM
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Default need help!!!

i want to appeal my husbands sentencing in CA. he made a deal and got 17 years and hes been down for six years.

Last edited by Aguilar1211; 07-03-2012 at 11:28 PM..
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  #154  
Old 05-17-2016, 11:04 AM
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Quote:
Originally Posted by Coreysstuff View Post
My hubby told me there is a website that you can go to to see where the appeal is standing and if they have made a decision and all of that but he didn't know where. Does any one know how to find it?????? I don't even know where to begin. I would love to check on it.
If it's his habeas it will be on Pacer. You will have to sign up for it. You will receive $15.00 free over 3 or 4 months. If it's a state appeal you will have to check the county website.
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  #155  
Old 07-22-2016, 10:59 PM
Cyndylulu Cyndylulu is offline
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My husband is at MCI Cedar Junction (DDU). We just found out his appeal got denied. He also file for "revoke and revised" and that motion also got denied. His trial lawyer never gave him an option to plead out which has a lesser sentence of what he have now. As for his appeal lawyer he did not fight for him what so ever and at the end the lawyer wrote a nasty letter basically telling him he deserves it. So that explain why his appeal got denied. My husband was charge in a joint venture. I'm at a stand still not knowing what to do. I feel like everything is shutting down on us. I started to do research and come up with nothing. Could someone help guide me as to where or what I should do?

Thank you in advanced.

Cyn

Last edited by Cyndylulu; 07-22-2016 at 11:00 PM.. Reason: Appeal got denied, need help
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  #156  
Old 07-23-2016, 05:57 PM
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If he pled out, his avenues for appeal are minimal. The grounds for those minimal appeals are via habeas corpus.

Fwiw, there's no guarantee that somebody will be allowed to plead out to a lesser charge.

Since his direct appeal was denied, and he's apparently doing his own post direct appeals work, what do you need exactly?
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  #157  
Old 07-25-2016, 02:59 PM
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Originally Posted by Coreysstuff View Post
My hubby told me there is a website that you can go to to see where the appeal is standing and if they have made a decision and all of that but he didn't know where. Does any one know how to find it?????? I don't even know where to begin. I would love to check on it.
It could depend on the county what information you can obtain. I do know in Clark County Ohio you can. So I'll give you that, but put in your county and see if it shows up.
Google courtview municipal (your county) ohio, that will take you to Clerk of Court, hit AGREE at end of that page then on same page on upper left hit Online cases. That will take you to portal page where you put your husbands name, you'll see where they ask for dates;etc but you don't have to put in. There you'll see if appeal case is closed or active, hit the case number on left on line that says appeal.
You will also see the dates and file process of appeal. I hope this helps, if not feel free to contact me with husbands name and county and I will assist in helping you. Take Care, Doni
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  #158  
Old 02-23-2017, 08:06 PM
TeamDePasquale TeamDePasquale is offline
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Is there one for Mississippi?
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  #159  
Old 03-24-2017, 12:49 AM
newtothisinariz newtothisinariz is offline
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what about arizona?
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  #160  
Old 03-24-2017, 07:07 AM
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what about arizona?
There is a court website for AZ but not specifically for appeals.
https://apps.supremecourt.az.gov/publicaccess/
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  #161  
Old 12-10-2017, 07:08 PM
Babybaits419 Babybaits419 is offline
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September of 2016 my fiance's attorney put in for an appeal. This past June his attorney sent in his briefing and told me that the DA will be putting in his own and that we "should" hear something back around December. Just 2 questions. Is what we're waiting for the actual final answer from the appeals court? And I've gone to the NY appeals website but there's so many different links that bring you to different forms to search for decisions or undecided ones but no matter which one I fill in nothing comes back. Does anyone know which link it would be?
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  #162  
Old 12-11-2017, 02:59 AM
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If the DA has filed an answer to your fiance's appeal, then the delay is probably because the appeals court still hasn't decided the case. To understand the status of his appeal better you will probably need to check the different links to determine which ones are helpful.
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  #163  
Old 12-11-2017, 10:22 AM
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Without checking all the information pertaining to case you will miss out on something. The DA. could have even asked for an time extension to file their reply. There are many delays in every appeal even though the rules seem pretty self explanatory. It is not unusually for either side to file and seek time extensions for their response at each phase of the appeal. Thirty day extensions are very common.
If you go here https://www.nycourts.gov/ctapps/courtpass/ Either use the Search button or the Docket button , then enter the information you should find all the current information on the matter
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  #164  
Old 01-10-2019, 07:45 PM
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I am trying to find information on my son's federal appeal in Florida. The appellate brief has been filed and the appeals attorney also needs to file a motion for the court to change his mental health status. I have e-mailed and called his appeals attorney for the status of the appeal but got no response. I have tried Pacer which has no up to date info or I am not able to find it. Is there some place where I can access his case and request the appeals docket? Thanks.

Last edited by bookwatch; 01-10-2019 at 07:49 PM..
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  #165  
Old 03-28-2019, 12:32 AM
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My husbands habeas corpus was denied & according to the denial form I was given today at the court house it was due to sufficient evidence to justify the three special circumstances. What exactly does this mean? And are we able to submit a Notice of appeal to fight it or should we contact a lawyer to have the notice submitted. He also submitted his resentencing petition SB1437 under PC 1170.95 which was also denied for failure to state prima facie case for relief. What does that mean as well. Iím at a lost I need help with information on what can be done next. He is currently serving LWOP At Pleasant Valley State Prison Thank You in advance!
Iím willing to forward the copy of denial I was given if it can give anyone who can help a better understanding of my situation
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  #166  
Old 03-28-2019, 08:36 AM
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Originally Posted by mhrndz82 View Post
My husbands habeas corpus was denied & according to the denial form I was given today at the court house it was due to sufficient evidence to justify the three special circumstances. What exactly does this mean? And are we able to submit a Notice of appeal to fight it or should we contact a lawyer to have the notice submitted. He also submitted his resentencing petition SB1437 under PC 1170.95 which was also denied for failure to state prima facie case for relief. What does that mean as well. Iím at a lost I need help with information on what can be done next. He is currently serving LWOP At Pleasant Valley State Prison Thank You in advance!
Iím willing to forward the copy of denial I was given if it can give anyone who can help a better understanding of my situation
This is a good example of what to never do in writing, especially with a court. Centered italicized text is difficult to read. Blue is difficult to read. When you want help from people, make your writing as accessible as possible. Don,t change font, don't use italics, and don't change the color.

Btw, I didn't bother reading your entire post.
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  #167  
Old 03-28-2019, 11:56 AM
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I find myself at a loss for I donít understand the reason behind my husbands denied Habeas Corpus as well as his Resentencing Petition PC 1170.95.

His exact Rulings Where:
Habeas Corpus: There was sufficient evidence to justify the three special circumstances.

PC 1170.95 Petition: Failure to state a prima facie case for relief.

Any information or suggestions on what i should do next is very much appreciated.


I do apologize to member ďYourselfĒ for my non readable previous post. Iíll make sure to keep it simple for the last thing I want is to not receive any help.
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  #168  
Old 03-29-2019, 01:35 PM
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Quote:
Originally Posted by mhrndz82 View Post
I find myself at a loss for I donít understand the reason behind my husbands denied Habeas Corpus as well as his Resentencing Petition PC 1170.95.

His exact Rulings Where:
Habeas Corpus: There was sufficient evidence to justify the three special circumstances.

PC 1170.95 Petition: Failure to state a prima facie case for relief.

Any information or suggestions on what i should do next is very much appreciated.


I do apologize to member ďYourselfĒ for my non readable previous post. Iíll make sure to keep it simple for the last thing I want is to not receive any help.

Below are four things that will make a defendant ineligible for relief. I just copied this information off of a handout that I received during a class I had to attend . There is some other pieces of information included also along with the Legal Footnotes:

A defendant is ineligible for relief if their case falls into any of the below circumstances:
Defendant was the actual killer to the victim;
Defendant did not actually kill the victim but harbored the intent to kill by aiding and abetting the actual killer in the commission of the murder;
Defendant was a major participant in the murder and acted with reckless indifference to human life;
The victim was a police officer engaged in the performance of their duty.

Requirements before filing for your petition
A defendant convicted of felony murder or murder under the natural and probable consequences may file a petition in the court where they were sentenced to have their murder conviction vacated or be resentenced if the following apply:
The charge sheet allowed the prosecutor to proceed under the felony murder or natural and probable consequences theory;
The defendant was convicted of first or second degree murder after a trial or accepted a plea offer in lieu of trial;
The defendant cannot be convicted of first or second degree murder because of the passing of SB 1437.[1]
Petition Requirements
The petition must be served on the prosecuting agency in the county the conviction occurred in. If the judge who sentenced the defendant is not available, the presiding judge will designate another judge to rule on the petition. The petition must include:
A declaration by the defendant that they are eligible for relief under SB 1437 / penal code 1170.85 based on the requirements set forth above;
The case number and year of conviction;
Whether the petitioner requests the appointment of counsel.[2]
If any of the required information is missing or cannot be readily ascertained by the court, then the court may deny the application without prejudice and advise the defendant that it cannot rule on the petition without this necessary information. Fortunately, a denied petition under this basis, will not preclude a defendant from re-petitioning once the information has been retrieved.[3]
Petition Hearing Formalities and Procedures
The prosecutor must file and serve a response to a defendantís petition within 60-days of service defendantís petition and the defendant will have the opportunity to file a reply within 30-days thereafter. The court may grant extensions for responses and replies if either party establishes good cause.[4]
Within 60-days after the judge issues an order to show cause, the court must hold a hearing to determine whether to vacate the conviction or to resentence the defendant. However, the defendant and the prosecution may agree to waive the hearing and stipulate that the defendant is eligible to vacate their conviction. This also applies if a jury or court made a finding that the defendant was either (1) not a major participant, or (2) did not act with reckless indifference to human life.[5]
If a hearing is held, the prosecution holds the burden to prove beyond a reasonable doubt that the defendant is ineligible to vacate their murder conviction or be resentenced. Failing to prove that standard will result in the conviction to be vacated and/or defendant will be resentenced on any remaining counts. Either party may rely on the transcripts of the hearings or trial or produce new or additional evidence. [6]
If the defendant is entitled to relief, but the murder was charged generically, and the target offense was not charged, the defendantís conviction must be redesignated as the target offense or underlying felony for resentencing purposes.
In the event a defendant is resentenced, the defendant must be given credit for time served. Thereafter, the judge may order parole supervision for up to three (3) year following the sentence.[7]

Legal Footnotes:
[1] See Penal Code 1170.95(a): A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have the petitionerís murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply:
(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine.
(2) The petitioner was convicted of first degree or second degree murder following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be convicted for first degree or second degree murder.
(3) The petitioner could not be convicted of first or second degree murder because of changes to Section 188 or 189 made effective January 1, 2019.
[2] See Penal Code 1170.95(b)(1): The petition shall be filed with the court that sentenced the petitioner and served by the petitioner on the district attorney, or on the agency that prosecuted the petitioner, and on the attorney who represented the petitioner in the trial court or on the public defender of the county where the petitioner was convicted. If the judge that originally sentenced the petitioner is not available to resentence the petitioner, the presiding judge shall designate another judge to rule on the petition. The petition shall include all of the following:
(A) A declaration by the petitioner that he or she is eligible for relief under this section, based on all the requirements of subdivision (a).
(B) The superior court case number and year of the petitionerís conviction.
(C) Whether the petitioner requests the appointment of counsel.
[3] See Penal Code 1170.95(b)(2): If any of the information required by this subdivision is missing from the petition and cannot be readily ascertained by the court, the court may deny the petition without prejudice to the filing of another petition and advise the petitioner that the matter cannot be considered without the missing information.
[4] See Penal Code 1170.95(c)
[5] See Penal Code 1170.95(d)(1)
[6] See Penal Code 1170.95(d)(3)
[7] See Penal Code 1170.95(g)
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  #169  
Old 05-22-2019, 05:28 PM
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Default I need help understanding appeal

My boyfriend and I are from Pennsylvania and heís recently been trying to appeal I check the online resources all the time but I donít understand what it means. Does anyone know what Remitted-no court trial means? Or ďDiscontinuedĒ ?? Iím so confused!! It says the motion to dismiss was granted but it just isnít making a lot of sense to me! Someone help please!
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  #170  
Old 05-23-2019, 11:45 AM
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My boyfriend and I are from Pennsylvania and heís recently been trying to appeal I check the online resources all the time but I donít understand what it means. Does anyone know what Remitted-no court trial means? Or ďDiscontinuedĒ ?? Iím so confused!! It says the motion to dismiss was granted but it just isnít making a lot of sense to me! Someone help please!
Can you screenshot just the list of recent court actions? We don,t need names or docket number, just the stuff that is confusing you.
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  #171  
Old 07-23-2019, 06:38 AM
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Is there one for Alabama
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  #172  
Old 08-18-2019, 12:07 AM
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Default for federal courts you have to subscriber to pacer

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Originally Posted by SamSam View Post
Is there one for federal appeals?
www dot pacer dot gov
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  #173  
Old 08-18-2019, 05:52 AM
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Here's the link to Pacer. They don't bill for small amounts owed, but I'm not sure of the cutoff amount, maybe $25.00 ?
https://www.pacer.gov/
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  #174  
Old 08-24-2019, 07:41 PM
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The Pacer cut off is $10, but that a lot of data. Also, there's a free system now, but I am not brilliant at using it. There is a free system called RECAP, but I'm really not great at using, and can't figure out how to get documents off of it, but can get the docket which still shows a lot.
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  #175  
Old 08-24-2019, 07:48 PM
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Is there one for Alabama

Most likely there's some sort of computerized system for Alabama, but it's not Pacer. Here's the main link for AL PTO, you should be able to learn more there. http://www.prisontalk.com/forums/forumdisplay.php?f=131
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