Ask Experts Questions for FREE Help !
Ask
    van2259's Avatar
    van2259 Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 21, 2008, 04:02 PM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    Nov 21, 2008, 06:09 PM
    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

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Appeal not filed on time in South Carolina [ 1 Answers ]

The trial ended on July 30 and the lawyer that handled the case did not file a notice for an appeal until it was 10 days late. My husband was being moved around to different facilities and by the time he filed the lawyer sent him a letter stating that he filed and that the one my husband filed was...

Non-IRS notice of levy filed against me. [ 2 Answers ]

Under writ of money judgment. It says: LEVY ANY AND ALL ACCOUNTS, STANDING IN THE NAME OF THE JUDGMENT OF THE DEBTOR XXXXX, SSN: XXX-XX-XXXX, HELD AT XXXX BANK. Unfortunately, the judgment is valid. It's with a former landlord that I was unable to pay. However, I've never had an account at...

Late notice of extended B2, Lost Visa, Recourse? Urgent. [ 3 Answers ]

I live in Boston - My mother-in-law applied for an extension to her B2 which was ending on Nov 11 2007 and she had a lawyer help her. We did not receive notice until July 12, 2008 that her Visa had been extended 6 months to May 11, 2008. So we got the notice after the extension had ended... and...

Abatement - late filed - interest and penalties [ 1 Answers ]

I have a client; fellow in his late 50’s, sells real estate, fairly high income earner, Canadian, lived in Canada until 2001 then in March 2001 moved to Las Vegas to work for a real estate developer. Has subsequently bounced back & forth between the US and Canada and is currently working in...


View more questions Search