Before everyone says I need to get a lawyer I already know that but I was told that once I file a appeal I could be appointed a public defender. I really need to know how long I have after a decision is made and what is the first paper we should file. my husband is incarcerated and wants to appeal his decision but I'm not sure what paper to file first if it's after the 30 days he had asked his lawyer to file it but his lawyer never did. We are in MISSOURI
Unless an after trial motion is filed, a notice of appeal is due within 10 days after a judgment becomes final which is 30 days.
I believe that the answer above addresses Missouri procedure in civil cases, not in criminal cases. You appear to be talking about a criminal case, since you reference the public defender, and acknowledge that there has been no timely notice of appeal. If that is the case, then your husband's rights would be governed by Missouri Rule of Criminal Procedure 30.03, which permits a party to request permission to file a late notice of appeal up to a year after the judgment (which occurs on sentencing in a criminal case) becomes final. Your husband would have to file a motion in the proper district of the Court of Appeals for leave to file a late notice of appeal, and if the court grants the motion, it will state the date by which he must file the notice of appeal in the trial court. In the motion, your husband will have to show good cause for having failed to file a timely notice of appeal in the first place.
FYI, here is what Rule 30.03 says:
"Where the defendant or the state has the right of appeal including appeals from an order in a post-conviction proceeding involving a prior felony conviction, but notice of appeal is not filed with the clerk of the trial court within ten days after the judgment becomes final, the defendant or the state may file a notice of appeal in the trial court if, within twelve months after the judgment becomes final, a motion for leave to file such notice is filed in the appropriate appellate court and it thereafter sustains the motion and grants such leave.
"Such special order may be made by the appellate court, in its discretion, for good cause shown. The order shall specify the time within which the notice of appeal is to be filed in the trial court."
I suggest that you find a lawyer who could help your husband prepare this motion. If, then, he ultimately becomes represented by the public defender, that lawyer would no longer be needed. The appellate lawyers in the public defender's office are generally capable people. Good luck.
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