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California Federal Appeals vs. California State Appeals

By Neil Shous, Esq.

If you wish to appeal your California state conviction, you file your appeal in either the Appellate Division of the Superior Court or in the California Court of Appeal and then, if necessary, with the Supreme Court of California. However, if you wish to appeal your California federal conviction, you would file a California federal appeal with the United States Court of Appeal for the Ninth Circuit and, if need be, ultimately with the United States Supreme Court. Not only do the courts differ when it comes to filing appeals, but the rules and regulations differ as well. For example, the filing timelines and deadlines, the length of the written briefs, the time permitted for oral arguments, and the overall ?tone? of the California federal appellate system is different from the state system?and, traditionally, more conservative...continue to full post

Full post as published by California Criminal Defense Blog on December 02, 2010 (boomark / email).