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I was denied a Certificate of Appealability in U S Dist. Court, and in U S Appeals Ct. Can I file a hearing Enbanc? See details.

New Orleans, LA |

I was denied a COA for Habeas Corpus relief in U S Dist. Court & in the 5th Circuit appeals court. said my Habeas Corpus was untimely, & past a year. However the U S Supreme Court extended time limit on Habeas Relief, May 2013 to people who could prove they were actually innocent. I cited this in my application for Habeas, and to the 5th Circuit. I argued I was actually innocent of the crime of felony theft in which i stopped pay on an overpaid check to fraudulent unlicensed contractor during Katrina. This was a civil matter& I proved this was not felony theft at trial. The contractor didn't prove the money he claimed belonged to him, A state appeal judge agreed with me, (dissent). The U S App Judge said I'm not in state custody, But I am! Still detained by the state, probation, etc.

Attorney Answers 3

Posted

Oh Jay you are so cruel. However he is right, you just keep filing the papers. if you are out jail or prison you are just wasting your time.

My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

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5 comments

Jay Scott Finnecy

Jay Scott Finnecy

Posted

I'm sorry, Mr. Cohen. I did not intend to be cruel. These posts just grow tiresome after a time.

Asker

Posted

well, Jay if these posts are tiresome to you, DON'T ANSWER!!!

Asker

Posted

Thank you Stephen.

Jay Scott Finnecy

Jay Scott Finnecy

Posted

The tiresome part, is reading them. Do your own research. The law clerks at the Courts of Appeal surely need something to do. If you're relying on a DISSENTING opinion (allegedly in your favor) you are sorely mistaken. Nonetheless, I wish you all the best. Cheers!

Asker

Posted

Jay,DON'T ANSWER!!! Cheers

Posted

You seem to be a rather accomplished "jail house lawyer," so, why are you asking this question? Keep filing your papers and they'll keep denying them, but at least it keeps you busy.

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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Posted

Sounds like you are out of time and out of options.

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