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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Cannabis & Marijuana Law for Michigan on
Q: What can be done if a judge in MI is ignoring the court of appeals decision that allows mmj patients to use on probation

My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial...
Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: I was notified that i would receive a civil demand but i haven’t gotten anything in the mail? should i be worried?

i also have a court date on october 29th

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Be sure to go to court on October 29, or the Court can rule without you. This does not appear to be an Appeal or Civil Rights case. Contact the people that notified you about the civil demand to see what the status is.

1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My lawyer didn't tell me I had ten days to motion for reconsideration with the appeal court.

he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.

Charles William Michaels
Charles William Michaels answered on Sep 15, 2021

I'm sorry, but what is your question?

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Constitutional Law for Missouri on
Q: Format for notifying US AG, US Senate, House Committees on Bankruptcy of challenge to constitutionality of Code ?

Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?

Timothy Denison
Timothy Denison answered on Sep 14, 2021

No.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: HOW TO SET ASIDE JUDGMENT THAR WAS FILED IN SMALL CLAIMS COURT ON APRIL 2017 I JUST FOUND ABOUT IT

THE ABSTRACT OF JUDGMENT HAS MY OLD ADDRESS

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Your question is about setting aside a 2017 judgment in small claims court, because you just found out about it. "It" could mean the judgment or the SC case and the situation is different depending on which "it" you are speaking about. Assuming that the judgment was entered by... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Workers' Compensation on
Q: do you represent american federal employees residing in europe?

i was wrongfully terminated. My case is now in the supreme court. I probably would have already won had I had a lawyer. I was unable to abtain a lawyer here.

The violating issues are:

termination, suspension, warning, Wrongful termination, denied accommodation, denied sick... Read more »

Katie Marie Charleston
Katie Marie Charleston answered on Sep 8, 2021

It is unclear whether your case in front of the U.S. Supreme Court or a foreign court. Either way, representation is encouraged. You can find appellate attorneys through a search on Justia to view their profiles and then contact them directly if you would like a consultation. Best of luck!

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does the California Supreme Court hear all cases ? How to appeal to them?

If I lost in appellette Supreme Court how do I appeal to the CA Supreme Court? Is there any help if I have no money for an attorney ?

It involves the catholic church and my first amendment right. I was prosecuted by the City Attorney and catholic church. A jury found me not guilty. But... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 7, 2021

The California Supreme Court does not hear all cases which are brought to it. The Court decides which cases it will hear, usually based on some criteria which involves state wide policy on issues of compelling importance. Consequently, the odds the state supreme court will accept your case are... Read more »

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: how long after I get sentenced do I have to appeal
Dana B. Carron
Dana B. Carron answered on Sep 5, 2021

42 days to request appointed counsel. 56 days to file a claim of appeal following a trial. 6 months to file an application for leave to appeal following either a plea or a trial. An infinite amount of time (no time limit) to file a post conviction motion for relief back in the trial court if you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
Elaine Shay answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Florida on
Q: I filed a 2255 petition while in prison that was denied.COA also denied. I appealed the denial of a COA and released

From prison shortly after. I notified both the eleventh circuit and the US Attorney of my release address. A month later the US Attorney mailed me a certificate of interested person's with an appellate case number (18-13559-E). I have since heard nothing from the courts or US Attorney. It has... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 30, 2021

Call the Clerk of Court in the court of your case. Most information like this is publicly available, so the Clerk of Court can answer any questions about the status of your case. Be sure you have the case number, if that's available to you.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: 422(A) PC UNLAWFUL THREATS WHICH WOULD RESULT IN DEATH OR GREAT BODILY INJURY SURETY $30,000.00

no evidence. was set up robbed of my belongings and imprison.

Dale S. Gribow
Dale S. Gribow answered on Aug 28, 2021

no lawyer can evaluate without a lot more info.

if you are in custody, you will be arraigned shortly and a public defender will be appointed for you if you can't afford a lawyer.

be prepared to share all the facts with someone that will also have a police report.

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Oklahoma on
Q: I am looking for a Pro-Bono Oklahoma Unemployment Lawyer or Employment lawyer for a appeal decision from BOR.

Even if it is just a free consultation, please contact me. This is a timely matter and I am requesting help. thank you for listening.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2021

An Oklahoma attorney could advise best, but your post remains open for a week and you say that time is of the essence. Here on Justia, this comes up:

Legal Aid Services of Oklahoma Inc.

(405) 557-0020

2915 N Classen Blvd, Ste 500

Oklahoma City, OK 73106...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Louisiana on
Q: what do i do if i lied on a police statement and want to change it
Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 27, 2021

My careful, conservative answer is that before you do anything more, you should contact a lawyer, preferably a criminal defense lawyer, and discuss the specifics of this----- for example, why did you give a statement---was it as a witness to an accident, or as a witness to an alleged crime, or was... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
Read more »

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