How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33406
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
11068102
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Daughter filed Writ of habeus to Federal court. Was told

Customer Question

Daughter filed Writ of habeus to Federal court. Was told that Writ would not be addressed...tolling issues. Ineffective .counsel not aware of time constraints. Is there anything else that can be done. Appeal to higher federal court or maybe file non profit tunc on the Writ of habeus ?
JA: Since laws vary from place to place, what state is this in?
Customer: Pennsylvania
JA: Have you consulted a lawyer yet?
Customer: I have a lawyer who's researching her case but I would like to know myself
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: No....my daughter won a PCRA case but was overturned in Superior court....ineffective counseling was the issue that was overturned
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can always appeal the denial of a writ to the next higher court, I would say that they are granted more often in the upper courts than the trial court level although I don't have any actual statistics to back that up. Appeals courts work different than trial courts, I'm not sure if you were aware of that, since the appellate court's decisions are mostly based on the paperwork and the record made at the trial court level.

I'm not sure what you mean by "file non profit tunc on the Writ of Habeas". You'll have to explain that one to me please.

Expert:  Dwayne B. replied 1 year ago.

I noticed you opened some other questions with the same subject. You can just reply in this thread if you have follow up questions without incurring additional expense.