Can I get an expedited appeal of a criminal conviction?

Yes, in West Virginia, you can get an expedited appeal of a criminal conviction. There are several ways this can be accomplished. The first way is to file a petition for writ of certiorari with the United States Supreme Court, which is a request for the court to review the decision of the West Virginia Court of Appeals. This petition must be filed within 90 days of the appellate court’s decision. However, the Supreme Court is not obligated to hear the case and can deny the petition. Another way is to file a petition for extraordinary relief with the West Virginia Supreme Court of Appeals. This is an urgent request for the court to review the case and render a decision quickly. The petition must include specific reasons why the appeal should be accelerated, such as a defendant facing severe consequences such as jail time or a violation of fundamental rights. A third way is to file a motion for expedited appeal with the criminal court that issued the conviction. This motion should include reasons why the appeal should be heard on an expedited basis, such as the defendant being innocent or the case involving a constitutional violation. If the appellate court grants the motion, then the appeal process will be sped up. The final way is to file an interlocutory appeal with the Supreme Court of Appeals. This type of appeal is used when the defendant needs to appeal the lower court’s ruling before the case can go to trial. The appellate court will usually hear these expedited appeals within 30 days. Regardless of which route you choose, it is important to keep in mind that filing an expedited appeal does not guarantee that the court’s decision will be favorable to you. It simply gives you an opportunity to have your case heard sooner.

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