Under federal practice, a notice of appeal must be filed within ten days of entry of judgment (the recording by the clerk of the written judgment and sentence in your case - this may occur the same day you are sentenced or may occur some days later). Thereafter the attorney must request the court reporters prepare written transcripts of the proceedings that are in issue in the appeal - in a sentencing appeal perhaps only the sentencing proceeding or the change of plea and sentencing proceeding would be ordered. If you were determined to be indigent for appeal purposes the court would pay the cost of the transcript, otherwise you must bear this expense yourself, about $4 per page and each hour of court could be from 25-50 pages of transcript. Once the required transcripts are prepared and filed, the defendant's initial appeal brief is due within 40 days, unless the court extends the deadline. Thereafter the government must file an answer brief within 30 days and the defendant may reply to the government's answer brief within an additional 14 days. Briefs are limited in size to not more than 14,000 words. Thereafter the court will either decide the case on the written briefs, or may set the case for "oral argument," a public court hearing in which each side's lawyer gets 15 minutes to respond to the court's questions about the appeal. Once the oral argument is completed, the court will thereafter in its own time issue its opinion. The opinion or decision may be "published," meaning the court places is for publication with the published opinions of the court available to the public, or it may be unpublished. Sometimes the court issues a summary conclusion without any explanation. After the court of appeals decides the case, each side has 21 days to petition for rehearing by the three judge panel that decided the case or by the entire court of appeals (approximately a dozen judges in the Eleventh Circuit at this time), referred to as an en banc rehearing. It is within the discretion of the court to grant any rehearing and it is seldom done. This step can be bypassed and either side has the right to ask the United States Supreme Court to accept the case for review, referred to as a petition for certiorari. Mr. Kent is one of a limited number of criminal defense attorneys who has had a case accepted for review by the United States Supreme Court. He argued Terry Lynn Stinson v. United States before the United States Supreme Court in 1993 and won the case by a 9-0 decision. A petition for certiorari must be filed within 90 days of the decision of the court of appeals. After this round of appeals is completed, a person may pursue what is commonly referred to as post-conviction or habeas relief, also known as a motion under 28 U.S.C. Section 2255. This motion must be filed at the district court that sentenced you and must be filed within one year of the later to occur of the sentencing or the final decision on direct appeal. Thereafter a habeas petition can only be filed in there is newly discovered evidence or a change in the law that is expressly retroactive.
Under federal practice, a notice of appeal must be filed within ten days of entry of judgment (the recording by the clerk of the written judgment and sentence in your case - this may occur the same day you are sentenced or may occur some days later). Thereafter the attorney must request the court reporters prepare written transcripts of the proceedings that are in issue in the appeal - in a trial appeal the entire trial transcript, jury selection, jury instructions, and pretrial hearings of a significant nature might be ordered. If you were determined to be indigent for appeal purposes the court would pay the cost of the transcript, otherwise you must bear this expense yourself, about $4 per page and each hour of court could be from 25-50 pages of transcript. Once the required transcripts are prepared and filed, the defendant's initial appeal brief is due within 40 days, unless the court extends the deadline. Thereafter the government must file an answer brief within 30 days and the defendant may reply to the government's answer brief within an additional 14 days. Briefs are limited in size to not more than 14,000 words. Thereafter the court will either decide the case on the written briefs, or may set the case for "oral argument," a public court hearing in which each side's lawyer gets 15 minutes to respond to the court's questions about the appeal. Once the oral argument is completed, the court will thereafter in its own time issue its opinion. The opinion or decision may be "published," meaning the court places is for publication with the published opinions of the court available to the public, or it may be unpublished. Sometimes the court issues a summary conclusion without any explanation. After the court of appeals decides the case, each side has 21 days to petition for rehearing by the three judge panel that decided the case or by the entire court of appeals (approximately a dozen judges in the Eleventh Circuit at this time), referred to as an en banc rehearing. It is within the discretion of the court to grant any rehearing and it is seldom done. This step can be bypassed and either side has the right to ask the United States Supreme Court to accept the case for review, referred to as a petition for certiorari. Mr. Kent is one of a limited number of criminal defense attorneys who has had a case accepted for review by the United States Supreme Court. He argued Terry Lynn Stinson v. United States before the United States Supreme Court in 1993 and won the case by a 9-0 decision. A petition for certiorari must be filed within 90 days of the decision of the court of appeals. After this round of appeals is completed, a person may pursue what is commonly referred to as post-conviction or habeas relief, also known as a motion under 28 U.S.C. Section 2255. This motion must be filed at the district court that sentenced you and must be filed within one year of the later to occur of the sentencing or the final decision on direct appeal. Thereafter a habeas petition can only be filed in there is newly discovered evidence or a change in the law that is expressly retroactive.
This is a motion that is filed under authority of Title 28, U.S.C. Section 2255. It must be filed within one year of the entry of the judgment and sentence or the conclusion of the appeal, whichever is later. Successive petitions are barred unless the new petition raises newly discovered evidence or a retroactive change in the law or a new legal principle that meets the test of Teague v. Lane. Similarly the one year deadline can be overcome based on newly discovered evidence or expressly retroactive changes in the law announced by the Supreme Court. Other than changes in the law, habeas petitions generally are used to raise matters that are not identifiable from the face of the record, otherwise referred to as collateral matters. However, many matters of law or misapplication of law that should have been raised at trial or on direct appeal may be raised in a habeas if it can be shown that it was ineffective assistance of counsel for your prior attorney to not have raised the matter. To the extent that the habeas raises questions that cannot be established by a review of the record, the court may be required to hold an evidentiary hearing. If the district judge denies your petition, you cannot appeal unless you first obtain a certificate of appealability from the court certifying that the appeal raises a substantial question.
Under the current version of Rule 35, the government may move for a reduction of sentence within one year of your sentencing based on substantial assistance or within one year of a newly arisen opportunity for substantial assistance. Your attorney can file a response or supplement to the government's motion to help persuade the court to further reduce your sentence.
A notice of appeal must be filed within 30 days of your sentencing in state court. If the appeal raises a sentencing issue, you may be first required to address the issue to the trial court in a motion for correction of sentence. If that is denied, then the appeal is pursued.
A notice of appeal must be filed within 30 days of entry of judgment and sentence.
Generally, a habeas or motion under Rule 3.850 must be filed within two years of the later to occur of the sentencing or the final order on appeal.
The sentencing judge has absolute discretion to reduce a sentence for any reason within 60 days of sentencing. Thereafter certain sentencing errors must be addressed within two years of sentencing; fundamental sentencing errors may be raised at any time.