Petition for Certiorari

[hoppii]

What is the name of your state? New Jersey

I pled guilty to 3 robberies. I appealed and the matter was remanded for re-sentencing per State v. Natale. by nj app. div. I also petitioned for certification to NJ Supreme Court. That was denied. I wanted to petition for certorari, but my attorney did not send the order denying the petition for certification until after the 90 days for filing a certiorari petition. what do I do now? can I still file the petition out of time? any there any federal rules that would allow me to do that?

[Ronin]

Review Rule 13 on the following link
[url]http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf[/url]

Without divine intervention your case is over

[GaAtty]

When time for an appeal has run, then a writ of habeas corpus is filed instead. This can be done at any time. There are very few attorneys that do this. Frequently the attorneys that do this do only appeals and nothing else. Usually criminal attorneys do not do this. Find out which local attorneys do death penalty cases. Then ask the criminal attorneys who do death penalty cases for the name of an attorney who does death penalty appeals, and that person will probably also do habeus corpus actions. It will be expensive, however.

[SHORTY LONG]

There is now a Two year SOL on filing Habeas Corpus, thinks to President Clinton.
Additionally, you can file your own Habeas action; use the Prison Library, and for
one would be a violation of your right to Effective Assistance of Counsel, which
falls under the Sixth Amendment of the Constitution.

[Ronin]

Thanks for the correction from GaAtty and Shorty. I should have qualified my statement better, because the case is not technically over yet. My apologies for the error.

[Pete Moss]

Originally Posted by hoppii

What is the name of your state? New Jersey

I pled guilty to 3 robberies. I appealed and the matter was remanded for re-sentencing per State v. Natale. by nj app. div. I also petitioned for certification to NJ Supreme Court. That was denied. ... certiorari ... are there any federal rules that would allow me to do that?

Statement of case + relief sought = court decision.

Motion Nunc pro tunc = "now for then" = late appeal with good excuse.

It sounds like you got what you asked for from an Appellate Court - a remand for resentencing within the higher court's guidelines. What more could you possibly want? Why stir the kettle? Why push your luck? Whaddya need?

-Pete Moss