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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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On 4/27/2011, DC Judge issued order denying 2255 motion filed 6/9/2009. withdrawing the ca

Customer Question

On 4/27/2011, DC Judge issued order denying 2255 motion filed 6/9/2009. withdrawing the case from the magistrate, extolling the governments opposition filed 10/21/2009.

Question: How to formulate the application for a certificate of appealability?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am assuming that the judge also denied the certificate of appealability. Here are the instructions for filing an informal brief with the circuit court to appeal that denial.

Good luck
Customer: replied 6 years ago.
Your reference is not my situation.
The District Court is my next move. I am currently moving for an extension of time to file the petition for the COA. I have decided to brief my petition to the DC for COA with arguments supported by the record on each claim. I do not know if this is proper in this circuit but my pro se status should help.
The ninth circuit has FRAP 5 about asking for permission to appeal. I do not know if this will apply to my future filings.
The question: What is the standard structure in this circuit for the petition for a certificate of appealability filed at the district court level?
I have a PACER account to access how a specific case filed for a COA [in the 9th] but do not have Lexis or Westlaw. Cases to review would help.
Expert:  lwpat replied 6 years ago.
A filing in the district court does not toll the time to file your appeal of the denial of the COA. You only have 60 days from the district court's denial to file your appeal with the Court of Appeals.
Customer: replied 6 years ago.
I am preparing the petition for COA to file in the district court of Alaska. My 2255 is a criminal case. 9th FRAP is unclear on filing deadlines to the district court. There are no local rules. I am adhering to the 14 day limit to file for my 30 day extension. My 2255 is complex due to numerous violations.

My question is: How to structure the petition to the district court?

Is it similar to an appeal brief? Some circuits have a form. I need some cases in the ninth circuit at the district level to reference what format a 2255 specialist would use.
I expect to be denied and would prefer to use the same layout of arguments when appealing to the 9th Cir.
Expert:  lwpat replied 6 years ago.
That is really too detailed for an internet forum. I will opt out and open your question up to other experts.
Customer: replied 6 years ago.
Thanks. There is no attorney in Alaska with in depth experience in the areas of my current filings. Most I have asked, including the PD office, farm out these cases.

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