If a petition for review was denied in the California State Supreme Court how long do I have to file and appeal in the Federal Court? What are the recommended vehicles to use and is this done in the district court?
I forgot to mention that the appeal for a criminal matter of which I was completely innocent.
Impossible to answer without knowing a lot more about the issues involved and the procedural status of the case. Two procedural avenues that might, or might not, be applicable to your sitation are a petition for certiorari filed in the United States Supreme Court or a petition for writ of habeas corpus filed in the federal district court. Evalluation of the case, selection of the appropriate remedy, if any there be, and calculation of deadlines can all be very difficult and treacherous. The interplay of state and federal law demands an attorney familiar with both the avaailable federal remedies and with the law of the state where the underlying conviction was entered.. This is no field for an amateur.
1 lawyer agrees
Administrative Law Lawyer
You can Appeal some issues in federal District Court and federal Appeals Court. However, most appeals from the California Supreme Court must go to the United States Supreme Court. Contact an appeals attorney to assist you. I am not sure of any time limit, but it depends on the cause of action you are asserting.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.