What is the next step after an appeal is denied?

Asked over 1 year ago - Irvine, CA

The appeal for my husband was denied for a very weak reason. He is innocent and I do not want to stop fighting to get his name cleared. At this point, I, personally, have no money to hire an attorney, so I'm trying to figure out on my own what the next step is.

Attorney answers (3)

  1. Herb Fox

    Contributor Level 16

    2

    Lawyers agree

    Answered . I am assuming that this is an appeal in a criminal case, and so I have added a criminal appeal tag.
    As for where to go from here, the first step is to talk to the attorney who handled your husband's appeal. That attorney knows the case and is in the best position to offer you advice and guidance.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Antoinette Cara Liewen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I'm assuming this is a state case, not a federal case. If the appeal was denied in the Court of Appeal, your next step is to petition the California Supreme Court. Depending on the nature of the charge, the California Appellate Project might be able to help him. Do NOT give particulars of the case on this website.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  3. Joseph Salvatore Farina

    Contributor Level 17

    Answered . As Ms. Liewen pointed out, the next step is to petition the California Supreme Court to review the appellate decision. This is a discretionary call, so the California Supreme Court does not have to take the case. If the California Supreme Court refuses to take the case, then your husband can appeal throughout the federal system starting at the local district court. Best bet is to contact the appellate attorney and see if he or she has filed a petition with the California Supreme Court.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The... more

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