Dear ?,

"essentially attempting to create a new appeal against me." No. A new appeal against you cannot be created in this manner. You have no grounds to move to strike the respondent;s brief in the cross appeal because you are not a party to the cross-appeal. If this party... View More

Dear ?, If the transcript is missing something which is crucial to an appeal, it is up to the appellant to file a motion in circuit court to have the transcript corrected.

Yours Sincerely,

Tim Provis

Appellate Counsel

Cal. Bar No. 104800

Wis. Bar No. 1020123

Member: U.S. Supreme Court Bar

Dear ?,

See Cal. Rule of Court 8.108(g): "(g) Cross-appeal

(1) If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until 20 days after the superior court clerk serves notification... View More

No one could answer this question in the space limitations in this forum. You can find a good answer by reading this article:

Jerold H. Israel, Free Standing Due Process and Criminal Procedure, etc., 45 St. Louis U. L.J. 303 (2001).

Yes. See:

"CALIFORNIA CONSTITUTION

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 16. Trial by jury is an inviolate right and shall be secured

to all, but in a civil cause three-fourths of the jury may render a

verdict. A jury may be waived in a criminal cause by... View More

Yes and maybe. If your relative is not a resident of the house, the police may withhold the warrant from him/her even though they have no reason to.

You file an appeal. But, you need counsel to do that. (Well, you could do it yourself, but why risk screwing it up?) If your trial is over, you are entitled to counsel on appeal. Contact the Public Defender in the county where your case is being tried.

Yes. The thing is, though, does this student have any money to pay damages if you win?

Yes. If the police have enough information to get a search warrant, then the house can be searched. They probably need more than just the fact someone leaving the house was holding, but they may well have more info.

Probably. The only way to get an intelligent answer to this question is to present a copy of the warrant and the police reports associated with it to counsel who specialize in criminal defense who then would review the matter to determine if the rights of the persons residing in the place of the... View More

Possibly, but not on 2nd Amendment grounds. If the gun was seized at the time of your arrest and there was no search warrant for the residence, she may be able to sue for a violation of her 4th Amendment rights. She should see a civil rights attorney to find out.

Sorry, we aren't doing your homework for you. Besides, to give any kind of a good answer to these questions would require a lot more space than we are allowed here. Whole books have been written on these questions. Three of them are: Judith A. Baer, Equality Under the Constitution (Cornell... View More

Your question does not make any sense to me.

First of all the 14th Amendment nowhere contains any clause referring to the right to a fair trial. The Due Process right to a fair trial which the 14th Amendment guarantees is something which has been built up over time by decisions of the U.S.... View More

Since you did not provide your e-mail address, no one can e-mail you. You also did not ask a question so we cannot provide you with any information because we don't know what you want to know. And furthermore, none of us will be giving you legal advice until you become a client.

This depends on whether your rights were violated by police in a criminal case, in which case you should have a criminal defense lawyer who can enforce your rights with a motion to suppress, or whether your rights were violated in some other manner, in which case you would go to a civil rights... View More

Ballparks and stadiums are privately owned businesses and you have no constitutional privacy rights you can enforce against them. The 4th and 14th Amendment only protect you against official intrusions into your privacy. So, ballparks and stadiums make it a condition of your admission that you... View More

Yes. You can sue a state agency in federal or state court under Title 42 U.S. Code §1983. The statute of limitations for the case is whatever statute of limitations the state in which it happens has for civil rghts claims

This a quotation from the U.S. Constitution, Article I, §8, Clause 7. It gives the Congress the power "to establish post offices and post roads"

In 1789, when the Constitution was adopted, the mail was carried on by riders on horseback. Post offices were few and far between. So... View More

There is no such process unless the convicted individual was under 25.

See:

"973.015? Special disposition.

(1)?

(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the... View More

Generally, bond is revoked and the convict is jailed after a plea or a guilty verdict. So, yes, you ordinarily have to stay in jail waiting for the PSI.