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Appeal -- Federal. Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Procedure, Criminal Court' started by jeffecs, May 23, 2003.

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  1. jeffecs

    jeffecs Law Topic Starter New Member

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    I have filed an Appeal in Federal Court, 8th District, Missouri. In the absence of my attorney, since discharged, I signed the petition for appeal as a ProSe Shareholder of an S Corporation. My filings were filed in a timely, proper manner. After several briefs and reply briefs were accepted by the court, from both the appelant and appellee, the Clerk of the Court, having realized we had signed ProSe contacted me stating even though the Court had accepted our filings, corporations can not be represented by individuals and the signing of our original petition was not valid. The Clerk of the Court gave us a written 30 day abeyance period in which to obtain licensed counsel and resubmit our petition and briefs. I obtain licensed counsel who entered himself as our attorney and adopted the petition and briefs we previously submitted to the Court. The Court then dismissed our appeal, stating our original petition was not valid as it was not signed by a licensed attorney. We are now filing with Federal Supreme Court, stating that the State Supreme Court violated our civil rights of due process.
    We would appreciate any direction or assistance you can provide in this manner as soon as possible.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It would seem that your attorney would be in the best position to provide you with your rights and remedies, being most familiar with the entire situation. Understand that a corporation is a legal entity in itself, despite the fact that it is owned by legal persons such as you and I.
     

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