Appeals

ms.sky · #1 (**permalink**) 05-16-2008, 06:00 PM

my pp has had an appeal in court for over a year. how long does it take for them to get an answer?

asha · #2 (**permalink**) 05-16-2008, 06:11 PM

Can I ask what stage is it in? Also the state might be helpful.

Skye · #3 (**permalink**) 05-16-2008, 06:42 PM

Like Asha said, it depends on what stage. If there are, or have been cases going before the USSC that would effect the appeal that DOES delay the appeals process.

ASE · #4 (**permalink**) 05-17-2008, 01:56 PM

Not only what stage but what state If he is in or is he in federal prison or military prison . My appeal took over a year to be heard after the appellate court got my writ . A judge and their clerks will have to go over the all that is written in he appeal see if it has merit and then set a date to hear it they have to do this for every single appeal and thy have to hear literally hundreds of cases .It will depend on his case what he convicted of too as the more severe the conviction the more complex it gets and more time consuming and capitol cases often take precedence .

Skye · #5 (**permalink**) 05-17-2008, 02:32 PM

Junior's habeas corpus has been pending for 10 years. Each time they go to make a decision, something is being debated by the supreme court that issues a delay.

We had to refile and that has been 6 months ago and no word yet.

asha · #6 (**permalink**) 05-18-2008, 04:30 PM

Gosh! That is just the definition of frustrating. I mean I know we should count ourselves lucky that we do have such a comprehensive appeals system but its soooo slow.

Skye · #7 (**permalink**) 05-19-2008, 10:01 PM

It's very slow, to say the least. The problem with Junior's case is that it's very complex to say the least.

asha · #8 (**permalink**) 05-20-2008, 09:18 AM

Yeah. I’m generally respectful of the legal system in this country. I realize it makes mistakes but at least we have the option of taking it to the appellate level when it’s warranted. I will be the first to admit though that typically there is a definite reluctance on the part of the court to admit it’s made an error, or that a jury's verdict should be second guessed, or any desire to revisit a case at all. It is an uphill battle, yet at least it’s a recourse we have.

Angel Without Wings · #9 (**permalink**) 06-09-2008, 09:55 PM

It's amazing to me that when the jury comes back as a hung jury, the judge is allowed to tell them to go back and think about it some more. Quote "Since we took up so much or your time, we can wait a little longer for you to think about it some more" End Quote
Incredible!

That alone, I was told, is reason enough for an appeal. But, the courts where it was done, is the same place that the appeal will be heard (I believe), and the people that are handling this, and the state, are doing there best to be as vindictive, and illegal, and corruptive as they can be. I have to admit i am out of my league on this legal stuff, and this type of problem all together. I have to really rely on God for this totally, even "if" I was to convince my son to follow through on the appeal.

Right now, he wants me to cancel his appeal when he has, supposedly, a good reason to appeal. What do I do?

I am praying about it now.

asha · #10 (**permalink**) 06-09-2008, 10:14 PM

I think what you are referring to is the Allen Charge? That is when the dissenting jurors are told by the judge to re-examine their opinions. Its kind of a last ditch effort to force the jury to come to a verdict to avoid a mistrial. I don’t believe it is allowed in all jurisdictions however. Like you, I’m no attorney. Sine it is permissible, I don’t think it is cause for an appeal because very often, the jury STILL remains hung. Usually someone is holding out. They are hopelessly deadlocked in a situation like that. There have also been instances with jurors becoming physically violent with each other, arguing, throwing pens (yes throwing pens) and threatening each other. There was a female juror who was afraid to go to the bathroom because she thought the foreman would come after her down the hallway. Heheheh. It can become that contentious. Usually that happens during sequestration when they are exhausted.

I imagine there can be many reasons he does not want to go through with an appeal. It’s a very difficult/frightening/pain staking process. Have you tried speaking with an attorney on his behalf? A consult probably won’t hurt. Perhaps you can ask for a change of venue for this appeal if you are worried that the current conditions will be unfair. Just an idea.