David Zuckerman's Answers

If I am going to appeal my conviction at sentencing, do I have to start whatever the sentence requires?

Generally, a defendant can request an order that execution of sentence be stayed pending appeal. If all conditions of the sentence are stayed, you don't have to do anything, including the classes. But the judge could say that the jail time is stayed while the other conditions are still in force. The judge could also require you to post a bond. Typically, your trial lawyer will take care of filing the notice of appeal, obtaining an order permitting you to appeal at public expense, and...

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How do I get a Clerk's Sub # for the Designation of Clerk's papers required by the Appeals court?

The Clerk's papers consist of documents that were filed in the superior court regarding your case. You need to specify which of those documents are needed for the appeal. For example, if one of your appeal issues concerns the denial of a particular motion, you should designate any documents relating to that motion. The sub numbers are also called docket numbers. Whenever a pleading (document) is filed with the clerk, a number is assigned to it. You can use the Washington Courts website...

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If a judge had prejudicial prior knowledge about a criminal case, are they obligated to recuse?

As Mr. Robinson indicated, there is nothing improper about the judge having prior involvement with your case if it all happened during normal courtroom proceedings. It might be improper for the judge to hear your trial, however, if he or she had personal information from some other source. There are various ways to challenge a conviction, including a direct appeal, a motion for new trial under criminal rule 7.5 (if you haven't been sentenced yet), amotion for relief from judgment under...

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If a case has grounds that merit relief from judgment, when can a motion be filed?

There are many ways to go about this. If the defendant has not yet been sentenced, he can file a motion for new trial under Criminal Rule 7.5. If he has been sentenced, he could file a motion for relief from judgment under Criminal Rule 7.8, a petition for a writ of habeas corpus in the superior court, or a personal restraint petition in the Court of Appeals. There are many tricky rules, including time limits, regarding all of these procedure. It's unlikely that the defendant could handle...

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What would be the order of events if there is overwhelming evidence that a conviction was unsound,and that

Your first order of business is to get the conviction overturned. A direct appeal is supposed to be filed within 30 days of sentencing, but if you're past that already, the Court of Appeals can excuse lateness under some circumstances. You have a right to appointed counsel on appeal. A direct appeal is limited to the facts in the existing court record. To the extent your claims rely on facts outside the existing record, you'll need to file some form of collateral attack. It's awfully...

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I still have a lot of questions about my case. It is now pending appeal and assignment to an attorney, but

Yes, your trial attorney should preserve the discovery if you might need it for a collateral attack. In fact, your new attorney may want to review the entire file of the trial attorney -- not just the discovery. I suggest you send the trial attorney a letter explaining why you need him or her to preserve the entire file until you obtain a new lawyer. The trial attorney has an ethical obligation to turn over all file materials to your new lawyer upon request. You say you have "never been...

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I want to request an appeal for my divorce trial. How do i do this? How long do I have to do it? When will it happen?

A notice of appeal must be filed within 30 days of the entry of the final judgment. You might consider consulting with a lawyer to see whether you have any chance of success on appeal. Typically, the Court of Appeals will not overturn the trial court's findings regarding witness credibility.

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What is the best way to appeal?

First of all, the notice of appeal must be filed within 10 days of the judgment (which isn't entered until the sentencing). Your trial attorney should take care of filing the notice of appeal. It's a simple, one-page document that formally notifies the court that you are appealing. The arguments in favor of the appeal are filed much later. If you and your husband are out of money, don't fear public defense. Most of the appellate lawyers appointed by the Washington federal courts are...

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If I appealed a criminal conviction, and the appeal lawyer was ineffective, can I appeal?

In Washington, a criminal defendant can file a personal restraint petition (PRP) after losing a direct appeal. You can raise claims in the PRP that were not raised in the direct appeal, whether or not your appellate lawyer was ineffective. However, you may get a better standard of review on a claim if you can convince the court that your appellate lawyer was ineffective in failing to raise the claim. The procedures for PRPs are quite complicated. You'll need to spend a lot of time...

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How long does it usually take for the appeal court to decide a case?

There's no way to know for sure. The decision could come out tomorrow or it could take months. One big factor is whether the three judges are in agreement. If there's a dissent that could hold things up. By the way, since this is a criminal case, I assume that you're already represented by counsel. That lawyer would be in the best position to assess whether this case is more or less likely than most to be decided quickly.

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