Tuesday, August 24, 2010

A state supreme court refused to hear my case how long do I have to file an appeal in federal court.?

Better learn about appeals first. The way in which to seek federal relief is not an ';appeal'; at all. If you want to file a cert. petition in the U.S. Supreme Court, you get 90 days from the denial of the appeal by the state supreme court. If you didn't know enough to be able to look up that info by yourself, there is no way you will be able to file a cert petition that will even get past the clerk's office.A state supreme court refused to hear my case how long do I have to file an appeal in federal court.?
Is there a Federal issue?





Federal courts aren't just ';the next step'; above State courts.





For a Federal court to entertain an appeal of a State conviction, the appeal must raise a bona-fide issue of Federal law.





As an example, to use a famous case.....





In Miranda v Arizona, Miranda was convicted in the Arizona State courts. He appealed all the way to the AZ Supreme Court on the grounds that the confession used to convict him had been improperly obtained. The State courts denied all his appeals.





After exhausting his State appeals, he appealed to the Federal courts, claiming that his rights under the *Federal* Constitution had been violated. The Court took his case, agreed with him, and struck down his conviction. We now have cops all over the country giving ';Miranda'; warnings to those they arrest and question.





If there was no issue of *Federal* law to be argued though, the Federal courts would not have taken his case.





Richard
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