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.

Asked 4 months ago - 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)

  1. Stephen Ross Cohen

    Contributor Level 20

    1

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    Answered . 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... more
  2. Jay Scott Finnecy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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
  3. Jennifer J Wirsching

    Contributor Level 18

    1

    Lawyer agrees

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

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