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federal appeals

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dhoward

Junior Member
What is the name of your state? California

My brother is currently serving time in a Federal prison for a drug conviction. We need to find a Federals Appeals lawyer as his case falls under the new Blakely Ruling. We have no idea how to go about this as his original lawyer is no longer available. Also we are without funds to cover very much.
Thank you for any help you can offer.
 


HomeGuru

Senior Member
dhoward said:
What is the name of your state? California

My brother is currently serving time in a Federal prison for a drug conviction. We need to find a Federals Appeals lawyer as his case falls under the new Blakely Ruling. We have no idea how to go about this as his original lawyer is no longer available. Also we are without funds to cover very much.
Thank you for any help you can offer.

**A: have you tried requesting for a public defender?
 

dhoward

Junior Member
we were told that it had to be a federal appeals lawyer, and we are not sure how to go about finding one
 
dhoward said:
We need to find a Federals Appeals lawyer as his case falls under the new Blakely Ruling.
First thing you must consider - was there a timely assertion of his rights - In US v Cotton the US Supreme Court ruled that unless there were objections raised below certain constitutional rights are waived. Also, in light of the stringent AEDPA time constraints it is nearly impossible to get back into court unless a 2255 motion is still pending.

Of course, if his direct appeal is still pending then he should receive relief. If his direct appeal is still pending then his original attorney is obligated to continue service of the case until dismissed by the court.
 

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