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  #1  
Old 11-21-2015, 09:39 AM
ladyluck064 ladyluck064 is offline
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Default Do we request to file an appeal at sentencing?

Inmate has already been convicted. We go for sentencing next week. His hired attorney will still be representing him. Once they give him his sentence does his attorney then say we would like to appeal? When, how, and who mentions the appeal? Since we will be hiring a new attorney for the appeal or getting a court appointed, I didn't know how that worked.

Also I understand they are not cheap, but how much do attorneys usually charge to do an appeal?
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Old 11-21-2015, 09:41 AM
ladyluck064 ladyluck064 is offline
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Or anything else that will prepare us for sentencing? His attorney tells us nothing!
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Old 11-21-2015, 01:14 PM
fbopnomore fbopnomore is offline
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The appeal procedures depend on the court that is involved. There are always time limits for the first, direct appeal, but you need to talk to an appeals lawyer to find out what they are, and how much each level of appeal will cost. Talk to more than one lawyer.

If he qualified for a court appointed lawyer, he needs to make a formal request to be assigned an appeals lawyer, which should also be at no cost (at least for the direct appeal). Appeals are usually denied, and can take years to be resolved. Each time a denial happens it will probably cost you a new fee.
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Old 11-21-2015, 02:24 PM
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His attorney should file a notice of appeal if his jurisdiction is anything like mine. It is usually the last thing that the trial attorney does.

Depending on the type of case, and the complexity of the case, the cost of an appeal can range from a year at an elite college on up.
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Old 11-21-2015, 07:32 PM
CenTexLyn CenTexLyn is offline
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Depending on local rules, there may be a requirement to first file the Motion for New Trial within 30 days from the pronouncement of sentence (or other window of time depending on rules). Once the MNT is denied, then a Motion for Appeal may be filed (again within a defined period of time). An oral pronouncement of a pending appeal generally does not preserve time limitations for filing.

What issues have been preserved for appeal? After all, issues not properly preserved are often deemed waived...and where there was a trial, IAC claims often fail when claiming failure to preserve since many appellate courts deem the failure to preserve to have been strategy except in those instances where the failure is so egregious as to clearly have been incompetence...
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