Is there any case law supporting an allegation that defendant failed to submit an appeal to the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Fratus v. Peterson, No. CV-08-1500-ROS (E.D. Cal. 2015):
Defendants argue Fratus did not submit a timely appeal regarding the January 10, 2007 incident. The sole support for this is that the prison's records do not reflect such an appeal being filed. But the facts show the prison's records are not reliable and the surrounding circumstances make it more likely than not that Fratus took all "reasonable appropriate steps to exhaust" his claim but he was prevented from doing so. Nunez v. Duncan, 591 F.3d 1217, 1224 (9th Cir. 2010).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Does a defendant who failed to challenge the error calculation at sentencing and on direct appeal waive the error by failing to challenge it on appeal? (MultiRegion, United States of America)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
Can a court of appeals hear an appeal from a final decision of the bankruptcy court? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Can a federal court order that a defendant be held in contempt of court for failing to comply with a federal contempt order? (MultiRegion, United States of America)
What are the implications of the Court of Appeal's review of arguments and allegations made for the first time on appeal? (MultiRegion, United States of America)
