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Questions Answered by Charles William Michaels
2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What happens when I lose a civil court case?

What are the maximum amount of losses if I lost a civil court case? What is the maximum amount of money that I need to put in, for a civil court case?

Charles William Michaels
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Charles William Michaels
answered on Sep 22, 2022

Strange question. It depends on how much the plaintiff sues for, if s/he wins that amount it's a win for the plaintiff.

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1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for South Carolina on
Q: Can I appeal as a mother if my lawyer missed the date to file an appeal and I didn't know about it until 1week b4 adopti
Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2022

First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Ohio on
Q: Hello. I am wondering if I can appeal a civil judgement in Ohio. The plaintiff is our previous landlord.

She won a 15k judgment based on nothing but lies. We have to pay 10k just for floors and walls to be painted when they look EXACTLY like they did when we moved in. We didn’t have pictures in court but now we do (we dug through our camera rolls and found tons) we moved in and the floors were awful... Read more »

Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2022

First, I am not an Ohio lawyer. That being said, an appeal is always an option. Check the court rules about when you must note an appeal, and the next steps after that. It seems from your story that you might have an appeal issue.

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
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Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I was denied a pistol permit under the pretense that a hospital said that I had a substance abuse problem.

I do not have ANY SUBSTANCE ABUSE problem. My last drink was on July 4 of 2021! I have never been involuntary admitted to any substance abuse facility. I don’t use any drugs at all either and I haven’t In well over a year. I want to appeal the decision but I’m not sure what to do or if I need... Read more »

Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Aug 8, 2022

I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
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Charles William Michaels
answered on Jul 27, 2022

Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.

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1 Answer | Asked in Contracts and Appeals / Appellate Law for Wyoming on
Q: How do I file an appeal for power of attorney?

I filed the paperwork on behalf of a friend for power of attorney

Charles William Michaels
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Charles William Michaels
answered on Jul 27, 2022

I don't understand this question. Ordinarily, there is no appeal for just a power of attorney. Any appeal must come after a hearing or a trial and is directed to alleged errors that the trial court committed...

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Am I allowed to view e-records from the other party if those e-records are used against me in court?

The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?

Charles William Michaels
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Charles William Michaels
answered on Jul 26, 2022

You should be able to view the entire record, including materials from the other side.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 21, 2022

First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: if a sentence is vacated by the Supreme court and mandated to be expedited back to the circuit court and the circuit co

the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 20, 2022

First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.

1 Answer | Asked in Appeals / Appellate Law on
Q: Is a motion for relief from judgment (60 FRCP) possible against the final ruling of a court of appeals?

Sorry, i'm a brazilian masters student conducting legal comparative studies about post-final judgment remedies. I've seen rule 60 (FRCP) allows relief from judgment on excepcional grounds, but apparently it only applies to the final judgment of the trial court. Could a party try to obtain... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 19, 2022

That's an interesting question. Without some research, I would say that the answer is no. But there's always a petition for en banc review in the federal appellate system, that is also a "relief" from a final judgment (decision) of the initial three-judge panel. But that has a time limit.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Appeal dismissed case, argue a/g mootness on violations of civil/constitutional rights.

I accused of stalking after argument with woman at a Target store in Bradenton, Florida. “Stalking” here was printed materials & items posted online w/pictures from woman’s public Facebook page. I never contacted or attempted to contact this person. No physical evidence tying me this.... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 18, 2022

If the case was dismissed, in your favor, there is essentially nothing to appeal. Let it go.

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
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Charles William Michaels
answered on Jul 13, 2022

First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Louisiana on
Q: If a lawyer admitted to the state bar but never to federal court represented you, is your conviction valid?

I hired a former district attorney to represent me in a federal criminal matter. He did not disclose to me that he was not admitted to practice in federal court. In reviewing my file for appeal I found a notice from the Government to the Court stating that he was not admitted to practice. Neither... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 1, 2022

Yes.

2 Answers | Asked in Appeals / Appellate Law for Mississippi on
Q: How to file a appeal
Charles William Michaels
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Charles William Michaels
answered on Mar 28, 2022

First, I am not a MS lawyer. But generally, you file a notice of appeal with the trial court, stating that you would like to appeal the judgment of the trial court to the appropriate appellate court. The form is simple, just the case number and case number, and a brief statement about noticing the... Read more »

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: Its been 32 days since my trial. Can i still file an appeal or motion for new trial? Is it 30 Business days or just 30
Charles William Michaels
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Charles William Michaels
answered on Jan 5, 2022

First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: In AZ, what are the legal reasons allowed to overturn an appeal from an arbitration civil suit?

I recently was awarded a win in a civil suit that was assigned to arbitration. The plaintiff has filed an appeal. Will the case be heard for any reason? No matter what they will get their trial they're asking for? Or does Arizona have rules like the federal government does regarding the only... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jan 4, 2022

The case on appeal will be heard--on the issues that appellant rose.

1 Answer | Asked in Appeals / Appellate Law for Minnesota on
Q: What is the remedy for the court of appeals failing to make a decision within the 90 day timeframe?

I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?

Charles William Michaels
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Charles William Michaels
answered on Dec 22, 2021

Nothing. The decision will be issued in due course.

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