What can I do to make the state submit its brief regarding an appeal?
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What can I do to make the state submit its brief regarding an appeal?
It has been granted 3 extensions, the last one stating no more enlargements. Then it requested yet another extension and got denied; it stated that it wanted its brief on or before last week. How can I get this appeal to go forward, since the state does not cooperate. Is there a motion that I can file?
Asked on July 14, 2014 under Criminal Law, Massachusetts
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your lawyer will need to review state statutory law and case law and any U.S. Supreme Court cases to identify any similar fact patterns. The failure to timely and properly prosecute on appeal may be a path to go but consider that an untimely filed appeal response may lead to a decision on your case in your favor. Your attorney should simply file for a decision and hearing date.
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