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-   -   Notice of appeal filed late (https://www.askmehelpdesk.com/showthread.php?t=283693)

  • Nov 21, 2008, 04:02 PM
    van2259
    Notice of appeal filed late
    What do you do when your lawyer filed your notice of appeal late and you have filed a post conviction relief application. This case is in SOUTH Carolina.
  • Nov 21, 2008, 06:09 PM
    excon
    Hello again, van:

    Try to keep all your questions regarding your situation on one thread. It'll help.

    I'm not sure what you're asking... Let me see if I understand...

    You have two issues going on here; 1) an appeal that's in trouble, and 2) an application for what you're calling post conviction relief.

    First things first. Like I told you on the other thread. If the appeal was denied because it was TIME barred, then you need to appeal THAT decision. Until, and/or if you get the original denial overturned, there is NO appeal pending.

    This brings us your second situation. What I think you mean by post conviction relief, is a BOND pending appeal. Since there is NO appeal pending, there wouldn't be a bond granted. It doesn't matter that you applied...

    Now, if I'm not understanding what you mean by post conviction relief, then please correct me. If it's for a reduction of his sentence, or an application for parole, then the appeal, or the DENIAL of the appeal wouldn't affect it.

    excon

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