"To open blind eyes, to bring prisoners out of a dungeon, those who sit in darkness out of a prison."
- Isaiah 42

When An Appeal Has Been Denied, There May Still Be A Way Forward

According to the federal rules of appellate procedure, permission to appeal should come about through a petition with the circuit court followed by service on all other parties in that direct court action. This petition should be accomplished within the time allowed by the law or a ruling.

If the appellant cannot petition for appeal without permission from the district court, the district court may amend its order to include that permission. The clock then starts ticking from the time of entry of the amended order.

At Rosenberg Law Firm, our experienced and accomplished appellate law attorneys regularly overcome obstacles on behalf of our clients through such processes. Sometimes, the permission is needed because of a prior denial. Our lawyers regularly overcome such obstacles through skillful management of the appellate process.

Overcoming Obstacles Along The Path To A Successful Appeal

A motion for permissive appeal from a prior denial seeks to overcome the hurdle of that prior denial. As with any petition, the motion for permissive appeal from a prior denial should clearly spell out:

  • The facts of the case, including those shown through the trial record
  • The question at hand
  • The reasons the motion should be granted
  • The relief that is sought through the appeal.

As with any aspect of an appeal, the skill of the appellate law attorney can significantly influence the outcome of this type of maneuver during the federal appeals process.

Turn To Rosenberg Law Firm For Complex Appeals In New York

With 65 combined years of experience, our appellate team is ready to meet whatever challenges your federal criminal conviction presents. We are passionate about upholding individuals’ constitutional rights. We honor our clients as individuals created in God’s image, with great potential in their futures. We have earned our national reputation as an effective appellate law firm largely because of our unwavering focus on criminal appellate law and criminal defense.

As we often say, the enemy of advocacy is fear. We are fearless because we are well-prepared. Our strong brief writing skills are matched only by our persistence and strong work ethic.

To schedule a consultation with an attorney who can file a motion for permissive appeal from a prior denial in New York, call 718-962-0411 or send an email inquiry.