his 30 day window close, in order to keep his appeal's filing process window open
DUI / DWI Attorney
He has to file an 11.07 writ to be allowed to file an out-of-time appeal. You really need an appellate attorney handling this. Handling appeals takes a specific knowledge and experience.
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Criminal Defense Attorney
You really need a competent criminal defense attorney that has experience in handling appeals in criminal cases ASAP. I assume your conviction was from a state court judgment in a criminal felony case.
If you can't afford private counsel, you need to file a pro se motion requesting that the court appoint you an attorney to handle the appeal, waive the filing fees, appeal in forma pauperis:
In forma pauperis (IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper". In the United States, the IFP designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense. The status is usually granted by a judge without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel. While court-imposed costs such as filing fees are waived, the litigant is still responsible for other costs incurred in bringing the action such as deposition and witness fees. However, in federal court, a pauper can obtain free service of process through the United States Marshal's Service.
Approximately two-thirds of writ of certiorari petitions to the Supreme Court are filed in forma pauperis. Most of those petitioners are prisoners. Petitions that appear on the Supreme Court's in forma pauperis docket are substantially less likely to be granted review than others on the docket.
IFP status is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
Good luck, act quickly.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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2 lawyers agree
Criminal Defense Attorney
Once his appeal is denied in the appellate court, his lawyer should notify him if the lawyer is filing a petition for discretionary review in the Court of Criminal Appeals, and if not, when he can file one. Generally, if there is no issue, then the lawyer will not file.
His next step, if he proceeds, is to file a post conviction application for writ of habeas corpus IF he has a constitutional issue or actual innocence claim. He is NOT entitled to a court appointed lawyer and he only gets ONE shot at this apple so I strong suggest consulting with a lawyer who has handled these matters and hiring them to conduct a habeas investigation.
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