Appeal Status

Appeal Timeline To Date:

  1. Clayton was wrongfully convicted, and taken into custody, on February 13, 2015.
  2. Clayton was sentenced to 40 years with 10 suspended, and 15 years of mandatory probation, on July 15, 2015.
  3. The Statement of Points on Appeal (list of items the defense initially plans to appeal on, which reserves the right to appeal at all) was filed in September 2015.
  4. Appeals attorneys within the public defender office handle cases on a first-noticed-first-served basis, and therefore applied for a more than 460 day extension before being required to submit the actual appeal brief. The request was granted, bumping out the deadline for submission to the court to January 27, 2017.
  5. Clayton was actually assigned to an appeal attorney in the fourth quarter of 2016.
  6. The Opening Brief of the Appellant (the actual appeal) was filed with the court on January 26, 2017.

Anticipated Appeal Timeline (Estimates Only):

  1. The State is customarily granted a 6-month extension before being required to submit their reply to the opening brief. We have received word that the State's reply will be due on September 19, 2017.
  2. Clayton's attorney will then have 1-2 weeks to respond to the State's reply. We anticipate this being due in October 2017.
  3. Clayton's attorneys, and the State's attorneys, we assume, will then be given the option to request oral arguments. There is no way to estimate when the court would grant time for this within its schedule.
  4. Then Clayton, his attorneys, and his family must wait for the Court of Appeals to announce its decision in the case. Due to nothing more than the backlog of cases currently accumulated for review with the Court of Appeals, the judges are currently taking an average of 2.5 years to provide that ruling. This could bump out a resolution to Clayton's appeal to April 2020 or later.

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