Appeals Attorney in Decatur, Georgia
What happens in the federal appeals process?
What happens in the federal appeals process?
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00:04
when an individual is convicted
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in federal court uh after a trial
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or or a plea for that matter they have
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14 days to file a notice of appeal the
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record is compiled the transcripts are
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prepared
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and the case goes to the appropriate
00:24
circuit court of appeals our firm is
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unique in that we have lawyers who are
00:29
members of every single
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circuit court of appeals in the country
00:34
we’ve represented clients nationwide in
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federal appeals
00:39
once the
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circuit court of appeals has the case
00:43
they assign a briefing schedule
00:46
and we will have then a date where we
00:48
will file a brief
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in support of our client’s position the
00:52
government will file their brief usually
00:56
around 30 days later and then we have
00:58
another
01:00
time frame to file a final response
01:03
we also request oral argument
01:06
on the appeal
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and that’s at the discretion of the
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court
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and again we go nationwide for oral
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argument i’ve argued
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in dc
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and
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richmond virginia cincinnati ohio
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portland oregon all across the country
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where
01:24
the lawyer not the client but the lawyer
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has the opportunity to go to the court
01:30
of appeals and argue in front of the
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three
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judge panel
01:34
that is assigned to their case and
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address
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specific questions that the judges have
01:41
about the facts in the law involved in
01:43
the case
01:45
once that’s done then then the case
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waits for
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the decision
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by the the three judge panel individuals
01:54
also have the opportunity for
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federal habeas
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and and sometimes clients consider that
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as part of the appeal process because it
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is the next step and that is a one-year
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time limit that after the appeal is
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complete an individual has one year to
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file
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for federal habeas or 2255 as we call it
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after the statute for which it’s named
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in habeas federal
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individuals convicted of federal crimes
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have the opportunity to raise the issue
02:27
of ineffective assistance of counsel so
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any mistakes that their attorney made at
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trial can be raised through the 2255
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process
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rather than the appeal that’s litigated
02:39
in back in the district court but then
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can also make its way through
02:44
the court of appeals again
02:46
if necessary
Contact Elizabeth A. Brandenburg
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Atlanta, GA criminal defense attorney Elizabeth A. Brandenburg details the federal appeals process.
