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Federal appeal denied, is there anything else besides a petition for rehearing?

San Francisco, CA |

I am trying to help do research for a civil appeal for my son that is incarcerated (not related to his crime). He lost his appeal. Is there anything he can file besides a petition for rehearing? There have been so many more facts that came to light and other events. Can he do a motion to reconsider or anything else to have the appeal reviewed or is the petition for rehearing his only option?

Attorney Answers 4


Appeals are not something that can be done without an appellate attorney. If your son lost an appeal in the ninth circuit, he could either petition for an en banc hearing by the full court or petition for writ of certiorari from the US Supreme Court.

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Mr. Pullman is correct, this is not a matter you can handle on your own. Though the odds are against you having lost an appeal already, if new facts have come to light, your son's case may be stronger and he should speak with a qualified appellate attorney immediately to discuss his options. There are time limits for preserving an appeal, so do not wait.

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

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You should definitely consult an attorney. You mentioned new facts. Typically, the record cannot be supplemented on appeal. In other words, you could not bring up new facts on appeal. The question would be whether there would be a way to reopen proceedings in the district court to consider the new facts.

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There is always a petition for writ of habeas corpus. There may be a jailhouse lawyer at his penitentiary who can help file a "habe" petition back in district court. New facts or ineffective assistance of counsel are two of the best ways to win a habeas. However winning a habeas, especially one filed without the assistance of a lawyer, are very few and far between.

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