Legal Question in Criminal Law in California
if a appeal was denied,can you refile for an appeal?
Asked on 1/09/10, 11:08 am
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Only in very unusual circumstances. You may be able to bring a habeas corpus petition instead.
Answered on 1/14/10, 11:44 am
Deirdre O'Connor
Law Offices of Deirdre O'Connor
If the Court of Appeal dismissed your appeal because of procedural default (e.g., missed a deadline) you can seek to have the default vacated and the appeal reopened. If the court considered your appeal and denied it, you can ask the CA Supreme Court to review the Court of Appeals decision. You only have 30 days from the final denial to file and, frankly, it's a long shot. A habeas petition can be filed if you have a constitutional issue.
Answered on 1/17/10, 8:08 am
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