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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Q: My son was forced to plead guilty to a charge that he wasn’t even arrested for . How can I seek justice
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 26, 2022

You should have hired a criminal attorney for him before he plead. Now a criminal attorney would have to withdraw his plea.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jan 19, 2022

The majority of people are denied at the first two stages of the process so don’t let that discourage you. When you file the appeal make sure you give detailed information about all of your medical conditions and list all of your treatment providers. While a note from your doctor saying you are... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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Q: If I was punished twice for 1 crime (double jeopardy), can I get compensated?

I severed almost 5 years on a 23 year sentence, won my appeal and it went back to circuit Court. I accepted a lesser charge for 3 years and it was marked as time served. But I was also made to do 3 years probation and recently was released without incident. Found papers that every day should have... Read more »

Timothy Denison
Timothy Denison answered on Jan 10, 2022

No. There is no compensable injury.

1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Tax Law for Florida on
Q: Florida Unemployment Overpayment payback demand for continued PUA -i appealed and no response!

It says 'insufficent evidence' for self employment for the continued payments starting Dec 27 2020. It was good enough for 2020 but then not anymore. I thought i uploaded schedule C from 2019 but apperently the DEO did not get it and so they claim i got to pay back 18x125 (not including... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2022

You CANNOT handle this giant problem by yourself. Hire an experienced unemployment comp lawyer immediately, and pay them to appeal for you.

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
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
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 Criminal Law and Appeals / Appellate Law for Maryland on
Q: Someone had a trial for 5 days and one of the days transcripts are missing what could possibly happen next or be done?

This is year 5 that they have served, this is in the state of Maryland, they did appeal but are unable to fight case because parts of the transcripts are missing, the charges are murder, attempt murder, armed robbery etc, little to no evidence, no line up was done,

Mark Oakley
Mark Oakley answered on Jan 4, 2022

Impossible to ascertain from your post what, if any, basis there would be to change the result after 5 years, a (completed?) appeal, and unknown circumstances and relevance of the missing day's transcript. A lawyer would have to review the entire case file, talk to trial and appellate counsel... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Minnesota on
Q: Desperately seeking Criminal Appeals attorney for my fiance incarcerated, due to mental health I need him to care4me

Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 1, 2022

Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to... Read more »

1 Answer | Asked in Appeals / Appellate Law and Immigration Law on
Q: Returning to the United States after removal order has been vacated pursuant to an appeal won at the 11th circuit
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 29, 2021

Whoever handled that appeal is supremely familiar with the case and its details and may provide a better guidance for admission purposes to the United States.

Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... Read more »

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

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Landlord - Tenant for Virginia on
Q: How should I proceed to ensure I am not being put out empty handed or because of a lie?

Hello, I'm a single mother of three beautiful small children and, in 04/2020 I began renting a small home 2 bedroom with a agreement that if remained current on my rent payments & on time every month and fixed this uninhabitable home(mold,structural damage,plumbing and electrical repairs... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2021

This is something that an experienced Viriginia landlord-tenant attorney should advise on. But your post remains open for three weeks and describes a heartbreaking situation. Until you are able to go over this with a Virginia attorney knowledgeable on these issues, here are a few resources that... Read more »

Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

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
Charles William Michaels answered on Dec 22, 2021

Nothing. The decision will be issued in due course.

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: how can a person get plea deal back after denying the offer andgoing to trial and get found guilty?

Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 21, 2021

You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.

Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: My husband was sentenced to life without parole for murder. His rights were violated, what can we do?

He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?

Arthur Calderon
Arthur Calderon answered on Dec 21, 2021

There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.

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