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What is the next step after an appeal is denied?

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


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.

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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.

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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 responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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