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Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: After a request for a De Novo hearing has been filed, what are the next steps? I am representing myself & need some advi

I am representing myself and need some guidance.

John Michael Frick
John Michael Frick
answered on May 2, 2024

If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.

You then proceed at the de novo hearing exactly like at the original hearing,...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Texas on
Q: I got the denial my case i485 because I got failed To qualify for adjustment under INA 245, an applicant.

I was international student my i20 expired until July 2019.

I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:

1. Seek an experienced immigration attorney: Given the complexity of...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Texas on
Q: I got the denial my case i485 because I got failed To qualify for adjustment under INA 245, an applicant.

I was international student my i20 expired until July 2019.

I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:

1. Seek an experienced immigration attorney: Given the complexity of...
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0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: if a person incarcerated was given paperwork but said paperwork wasn't filed correctly how can he be put back on docket

Parole explained paperwork wasn't filed correctly which pulled him off the docket he can't move forward without getting on docket or he will now have to wait for revocation hearing what can be done to expedite sistuation

0 Answers | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: Does a mother's appeal of vacated & dismissed, include the father's terminated rights if he didn't appeal?

I filed an appeal with the 3rd Court of Appeals regarding the Termination of my Parental Rights. I won the appeal and the trial court's orders were "vacated & dismissed". ONLY MY NAME is everywhere in the appeal and was wondering if ... since the father did NOT appeal, does my... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

0 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I need a PDR extension how do l do this?

In the Texas criminal court of appeals

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Can a judge over turn her decision on a plead even after it was on record and defendant has to turn myself in to tdcj

2nd degree inhans felony family volince judge accepts plea deals go on record paper work has been submitted to tdcj prior to serunder can a judge go back on plea offer light sentence like probation ..defendant had did whole 360 in life turn to God was doing getting consoling..working had a... View More

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: On a second appeal do you have to get your own attorney or can you get a court appointed one?
John Michael Frick
John Michael Frick
answered on Apr 5, 2024

Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Where do l go to file a petition for discretionary review to the supreme Court of Texas
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/

The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.

The factors that the supreme court...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: After first appeal has been denied what do you do?
John Michael Frick
John Michael Frick
answered on Apr 4, 2024

You can usually file a petition for discretionary review to the Supreme Court of Texas.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Texas on
Q: What pleading would be best for a very documented fraudulent arrest so the matter is brought before the court pretrial

Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even

No local attorney has been... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2024

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to...
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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Energy, Oil and Gas and Libel & Slander for Texas on
Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if appellant attorney notifies my trial attorney of appeal, but I will be representing myself?

This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2024

The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.

If the Appellee intends...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More

James L. Arrasmith
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answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

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