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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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What recourse do I have if the Court of Appeal denied my request

Resolved Question:

What recourse do I have if the Court of Appeal denied my request for transfer of a decision of the appellate division of the superior court decision in a misdemeanor criminal case?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.
DearCustomer- Your only recourse at this point is to appeal to the CA State Supreme Court. They are not required to hear the case so they can simply refuse to hear it and you will have run out of options unless there is some Federal question involved. If you have some Federal question then you can file an appeal in the Federal courts based on the issue of some Federal law. Other than that there simply are no further avenues for appeal.
Customer: replied 2 years ago.
Ok, here is the thing, this was a domestic violence case and I was represented by a lawyer who did not really want to try the case and against my wishes, plea bargained the case and I made the mistake of signing the agreement. i appealed the case on the grounds of inadequate representation, prosecutorial misconduct, Judge's participation in plea bargain, coercion/duress, failure to appoint counsel, etc. Ultimately, I am going to petition for habeaus corpus. Which should I do first? Appeal to the Supreme Court, Petition for habeaus in the State's Appellate Court Division/Court of Appeal or the the federal court? the denial was dated August 31, 2011 and as such I have some deadlines to meet.
Expert:  Dave Kennett replied 2 years ago.
You can appeal for a writ of habeas corpus at any time. If you appeal in the Federal court you will need to find an issue that relates to Federal law not state law, A judge always participates in a plea bargain so I don't see the issue there. The issue of inadequate representation can be used under your Constitutional rights to counsel so that may get you in the Federal court. In any case you may want to file your habeas corpus first since if you lose that issue it will give you something else to add to your appeal.
Customer: replied 2 years ago.
I am kind of confused. Federal Rule of Criminal Procedure 11(e) 1 states that the court cannot participate in plea negotiations and if that happens, it is plain error. Also, I want to know, should I first file with the Supreme court and when that is declined, I will file habeas corpus with the Appellate division of the Superior Court, and when that fails, go to the Court of Appeal and when that fails, then go to the federal court, and the Federal Appeals Court, etc. Just want to know if this is okay. I got the Court of Appeal denial of the Petition to Transfer on September 1, 2011 and have to act before September 15, 2011. Hoping to hear from you soon.
Expert:  Dave Kennett replied 2 years ago.
That is true in the Federal court but virtually all state courts have some input from the judge as to sentencing etc. The actual negotiations are between the two attorneys but may times there is input from the judge as to sentencing and fines. So it wouldn't be a Federal issue if a state court did something that was permissible under state law in court procedure. You can certainly use anything and everything in your appeal. I can only offer general information from this website and cannot prepare appeals or offer specific advice in a case nor can I represent clients.
Customer: replied 2 years ago.
I still need to know which Court to go to next: Supremr Court, or State Court or federal court for habeas corpus?
Expert:  Dave Kennett replied 2 years ago.
If you are going to the Federal court you would start the case in your local Federal District court and work through the Federal system.
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 2 other Criminal Law Specialists are ready to help you

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