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what is a writ of cert question, when the district court judge…

Customer Question
what is a writ of...
what is a writ of cert question, when the district court judge sentenced defendant on charges the jury DID NOT convict on, the conviction charges were dismissed? Note that I have jurisdiction. I'm not sure how to phrase the best question and include best laws and statutes. Writ deadline next week. Thank you
Submitted: 8 years ago.Category: Criminal Law
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Answered in 5 minutes by:
6/19/2010
Criminal Lawyer: Dwayne B., Lawyer replied 8 years ago
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Verified
I don't understand what you mean by your question, could you rephrase? What stage in the appeal are you and to which court are you appealing?

I'm about to be offline for a couple of hours but will pick up when I return.
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Customer reply replied 8 years ago
I;m petitioning the U.S. Supreme Court for a writ cert. I must have precise "question" stated and best legal case arguments. That's what i need your help with. Writ deadline to submit next week.
Criminal Lawyer: Dwayne B., Lawyer replied 8 years ago
Sorry it took so long to respond but you must have accidentally hit the button that locked me out. The moderators opened it back up to me after I notified them.

Did you already go through your state court appellate procedures as well as the federal court system? Was this a federal criminal case or state?
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Customer reply replied 8 years ago
This is a federal criminal case. The jury rendered a verdict of guilty on counts 1-4 and not guilty on count five of the superseding indictment (SI). The district judge sentenced me not on the SI counts, but on different counts 1-4 of the second superseding indictment (SSI). The judge then dismissed the SI counts one, two, four, and five. The dismissed count five of the SI is the exact same count four of the SSI. I am petitioning the US Supreme Court to review the decision ofthe 4th circuit denial of my 2255 motion to vacate and their refual to give a COA. My 2255 was on grounds of ineffective assistance, perjury, tampered tapes, judge bias, jury bias, prosecutorial misconduct, andd insufficient and false evidence. Additionally, the district judge refused to allow me a new defense attorney, after my attorney admitted conflict and irreconciable differences; and judge failed to respond to my August 11, 2006 2255 for 16 months. I'm pressed because I'm dong pro se and is running out of time. I hope this clarifies. Thank you.
Criminal Lawyer: Dwayne B., Lawyer replied 8 years ago
I'm going to have to opt out and let someone who does federal criminal work take a look at this. I'll request that it be moved to criminal law as well.
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Customer reply replied 8 years ago
I look foward to your speedy reply.
Customer reply replied 8 years ago
I'm still waiting. Thank you
Criminal Lawyer: Fran-mod,
 replied 8 years ago
Fran-mod
Category: Criminal Law
Satisfied Customers: 48
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My name is Francine, and I’m a Moderator for JustAnswer.

Thanks for your question!

I'm sorry that you haven't received another answer yet. The response rate on JustAnswer is usually over 95%, but sometimes questions go un-answered when:

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Please feel free to re-word your question or increase the price if you feel that may be the reason. Of course you are not required to increase the price. :)

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Customer reply replied 8 years ago
I got a response on 6-22-10, but there was no answer from the group or area for me to reply. Please have expert to redend message immediately or cancel my orders. Thank you
Criminal Lawyer: Fran-mod,
 replied 8 years ago

Hi,


It appears that your original expert opted out in the hope that someone better versed in the area of Federal Appeals could jump in.

Sometimes a customer's question calls for specialized knowledge in a particular area of the law and substantially narrows down the number of experts (if any) who could provide an answer. That is likey the situation here.

I will alert the experts that you are still seeking a response and try to find one for you. If I am not successful you can alert me here that you're ready for a refund, and I can take care of that for you.

Regards,

Fran

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