What is the procedure if the court "forgets" your case?

[kmartin173]

5 years later I do a background check for a job and a misdemeanor shows up that I had appealed the day after the conviction. Friend in the legal field looks the case up, sees the conviction in magistrate court, sees the appeal to circuit court and sees nothing else at all. I had figured they had just dropped the case after I appealed as there were no witnesses and no evidence, only a judge who apparently didn't like the fact I decided to defend myself in magistrate court. Will they drop this as they seem to be at fault for not taking the next step in any kind of timely manner?

 

[quincy]

What is the name of your state?

 

[adjusterjack]

West Virginia according to OP's post on another site.

When your friend looked up the case what did he look at?

You'll need to go look in the case file to explain what happened to the appeal.

 

[kmartin173]

She's a paralegal, exact quote she sent me:

"Other than the appeal, there is nothing else in the circuit court file".

 

[quincy]

Thanks, AJ.

kmartin, did you submit a brief? Did you arrange for and provide the transcripts of the first proceeding?

 

[kmartin173]

The only thing I did was go over and fill out the appeal paperwork and turn it in. Did this 5 minutes after the conviction in magistrate court.

 

[quincy]

The only thing I did was go over and fill out the appeal paperwork and turn it in. Did this 5 minutes after the conviction in magistrate court.

Here is a link to West Virginia’s Code on the appeals process:
http://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=50&art=5&section=13

 

[kmartin173]

Wouldn't they have to send me the decision within the 90 day period if they had denied the appeal and wouldn't the denial be in the circuit court record?

 

[quincy]

Did you follow the appeals procedure as required?

Did you have an attorney for your original trial? You didn’t happen to plead guilty to the misdemeanor offense, did you? Was there a jury trial?

 

[adjusterjack]

The only thing I did was go over and fill out the appeal paperwork and turn it in

What paperwork? Did you keep a copy?

 

[kmartin173]

Plead innocent, defended myself as there were no witnesses, no evidence and my word against that of a convicted felon. No jury trial, the prosecutor and judge against me basically.

Walked immediately to Circuit Court and told them I wanted to appeal my conviction in magistrate court. They gave me the necessary paperwork, helped me fill it out and gave me a copy which I'm sure I have somewhere. Never heard a thing after that from anyone.

 

[cbg]

And of course, when you didn't hear anything, you followed up to inquire about the status? Correct?

Oh, you didn't?

Never mind.

 

[quincy]

Plead innocent, defended myself as there were no witnesses, no evidence and my word against that of a convicted felon. No jury trial, the prosecutor and judge against me basically.

Walked immediately to Circuit Court and told them I wanted to appeal my conviction in magistrate court. They gave me the necessary paperwork, helped me fill it out and gave me a copy which I'm sure I have somewhere. Never heard a thing after that from anyone.

Did you pay anything? Did you follow up?

 

[adjusterjack]

gave me a copy which I'm sure I have somewhere.

It would help if you found it and could show it to us. Or get a copy from the court.

I'm guessing that there was more you had to do than just that one bit of paperwork. On the odd chance that the court did drop the ball on the appeal, you might be able to get the conviction set aside and get a new trial. But make no mistake, you'd better have a lawyer this time.

 

[quincy]

If you find it, please do not post it here. Personal identifying information should not be posted on a public forum.

But you could summarize.

Another question: Did you move to a new residence during this time?