Saturday, October 9, 2010

how many chances do you get

Well, apparently A LOT when it comes to the appeals process.

I inquired to our attorney as to whether or not "no news is good news" in our case.... We haven't heard anything..... What does that mean?

Our birthfather did "appeal."

Now it's just been silence.

Here is what we found out:

Our birthfather's Opening Brief is due October 12. If he does not file at that time, the Court typically sends a 30-day default notice giving the party a 30 day
deadline to file the opening brief. If he is appointed counsel either prior
to October 12 or during the 30 day default period, the Court typically gives
the appointed counsel a deadline 30 days after the appointment, and the
attorney can ask for an extension. If he fails to file within the 30 days,
the Court of Appeal occasionally gives another warning with a shorter period
of five days or ten days and then dismisses the appeal.

This morning I was thinking we'd know if our birthfather had been appointed counsel BY October 12th.... Until I read this again..... Now I see that essentially it's another month and a half of waiting to see if he's been appointed (free) counsel.... AND if he is...... I guess we've got a few more months of waiting with all the extended deadlines to see if this thing is actually going to turn into another year or so long process.

How many chances do you get to do the wrong thing? You'd think that anybody "appealing" something would consider the matter to be urgent. Also, and I'm not meaning to be nasty here, but, how busy is he in prison that he can't find time to follow up on his own appeal?

Our hope is of course that he is not appointed free counsel. We feel if he has to do all the leg work himself, and actually PAY for ANY of this, he won't.

My prayer is though that the Lord's will is done, because time and time again, that has proven to be the best.

xo
K.

1 comment:

Angela said...

Soooo....Lemme get this straight, if I go to jail I get 4 square meals day, I don't have to pay rent, taxes or work, and you're telling me I get a free attorney too?!

I'm so going to jail dude.

it's my choice now

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