If the state violates the speedy trial rule would a plea agreement sentence then be deemed illegal and appealable?
If there is a true speed violation, you may be able to try a mandamus filed in the appellate court to bar prosecution.
Appeals Lawyer
Practice Areas: Appeals
If there is a true speed violation, you may be able to try a mandamus filed in the appellate court to bar prosecution.
You need to file objections to the report and recommendation. If the case involves a motion to vacate you have a different appellate procedure than...
Generally no. Only a Texas 11.07 can vacate the conviction or an appeal.
Yes. but you have 60 days if the federal government is involved.
Yes. You can appeal a final judgment. You will need to submit transcripts to the appellate court for the appeal and along with a brief describing...
You may need to file a motion to recall the mandate as the motion to strike was delinquent.
You get the holiday. The local rule allows for tolling in emergency situations.
These are areas where the issue is preserved for appellate review either by motion, objections, or a motion before trial. You can get a remand for...
a mandamus is an order from a higher court compelling a lower court to follow the law or act in according to a rule. a mandate is a document from...
Yes. there is also case law that states the 2 year time period under 3.850 begins to run 30 days after a plea deal