J
johnl
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WPText File APPEL Sep.15,2000 23:10
LEGAL QUESTIONS CONCERNING ILLINOIS APPELLATE COURT
BACKGROUND:
I was arrested and ultimately convicted of speeding. There were some 4 counts that I felt mitigated the situation. Therefore, I filed an appeal.
PROBLEM:
On Nov.3,1999, per the circuit court clerk's direction, I filed a Motion To Reconsider with the trial court. On Nov. 29,1999, I filed the Notice Of Appeal from the trial court's Nov.2,1999 judgement and levy of fine. On Dec.7,1999 the trial court held a hearing on my Motion To Reconsider and entered a written order denying the motion. Through ignorance, I did not file another notice of appeal following the denial of the Motion To Reconsider. Because of this the appellate court dismissed the appeal for lack of jurisdiction.
QUESTIONS:
1. Since the appellate court "dismissed" my appeal, does this preclude me filing a Leave to Appeal in the State Supreme Court?
2. If I am not precluded from filing in the State Supreme Court, must I argue the validity of the dismissal by the appellate court or can I ignore the appellate court action and file essentially the same brief with the Supreme Court that I filed with the appellate court?
3. Approximately, what are the costs and fees of filing with the State Supreme Court?
LEGAL QUESTIONS CONCERNING ILLINOIS APPELLATE COURT
BACKGROUND:
I was arrested and ultimately convicted of speeding. There were some 4 counts that I felt mitigated the situation. Therefore, I filed an appeal.
PROBLEM:
On Nov.3,1999, per the circuit court clerk's direction, I filed a Motion To Reconsider with the trial court. On Nov. 29,1999, I filed the Notice Of Appeal from the trial court's Nov.2,1999 judgement and levy of fine. On Dec.7,1999 the trial court held a hearing on my Motion To Reconsider and entered a written order denying the motion. Through ignorance, I did not file another notice of appeal following the denial of the Motion To Reconsider. Because of this the appellate court dismissed the appeal for lack of jurisdiction.
QUESTIONS:
1. Since the appellate court "dismissed" my appeal, does this preclude me filing a Leave to Appeal in the State Supreme Court?
2. If I am not precluded from filing in the State Supreme Court, must I argue the validity of the dismissal by the appellate court or can I ignore the appellate court action and file essentially the same brief with the Supreme Court that I filed with the appellate court?
3. Approximately, what are the costs and fees of filing with the State Supreme Court?