Post Conviction Appeals Questions — Answered by Former Inmates

Ask The Inmate - Post conviction appeals

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Ask a former inmate questions at no charge. The inmate answering has spent considerable time in the federal prison system, state and county jails, and in a prison that was run by the private prison entity CCA.

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Post Conviction Appeals — Ask the Inmate

A conviction is not always the end of the legal road. Post-conviction appeals offer pathways to challenge a verdict, a sentence, or the conditions of a conviction on specific legal grounds. The most common federal post-conviction remedy is the 2255 motion which challenges a conviction based on ineffective assistance of counsel or constitutional violations. State systems have their own equivalent processes. This section covers what post-conviction appeals are available, what legal standards must be met to succeed, how long the process takes, what the difference is between a direct appeal and a collateral attack, and what realistic expectations look like given the high bar courts apply to post-conviction claims. The guidance here is honest about the difficulty of these processes while explaining exactly what options exist and what they require. An experienced post-conviction attorney is essential for any serious appeal effort. See also our sections on Law Questions and Legal Terms, Clemency and Pardons, and Sentence Reduction.

Subject: Post conviction appeals

After your appeal gets remanded how long is the wait for a hearing or resentencing

The follow up for an appellate remand is normally a few weeks to 3-4 months. It depends on the prosecutor's office to set the pace based on their caseload.

Subject: Post conviction appeals

If the state did not follow the Brady Law, during a Agg asslt trial in Phx, would that be enough to grant an appeal ?

Appeals require a clever lawyer that can find a mistake in the trial. They are generally a long long shot of even getting heard much less overturned.

Subject: Post conviction appeals

If the court was to apoint an appeal attorney, how can the inmate find out who the appeal attorney is ? Will the inmate be able to speak with him before any paperwork is filed?

The court appointed lawyers work for the Public Defenders office and you don't get to pick, they "appoint one". The inmate will have ample time to speak with, meet with and assist in the construction and the filing of the appellate document. Good luck!

Subject: Post conviction appeals

Is There Any Way to Overturn a 35-Year Prison Sentence?

Sixteen years is a significant amount of time, and the frustration behind this question is understandable. But a realistic answer requires honesty about how difficult this path is. A 35-year sentence for multiple robbery convictions reflects a criminal history the court viewed as serious and repeated. Sentences of that length are not revisited simply because time has passed or because the sentence feels disproportionate to the family. Courts operate on the record that existed at the time of sentencing,

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Ask The Inmate - Post conviction appeals

Post Conviction Appeals — Ask the Inmate