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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Communications Law for Connecticut on
Q: Why is my application abandoned?
Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

A Connecticut attorney could advise best, but your question remains open for five weeks. You could repost with some additional details - no personal information is necessary, but including something about the type of application and reason for abandonment/denial, etc. could make for better chances... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for South Carolina on
Q: I lost pcr in SC. Pcr Judge say Georgia case from Georgia appeals isn't binding upon SC courts ,is this true

Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.

Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.

Charles William Michaels
Charles William Michaels answered on Jun 21, 2021

First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.

1 Answer | Asked in Appeals / Appellate Law and Environmental on
Q: Dear Sir/ Madam I was in Brent borough London and was feeding the birds.The birds ate up all in front of us.

Dear Sir/ Madam

I was in Brent borough London and was feeding the birds.The birds ate up all in front of us. Nothing left. In the meantime

Two council people approached me and said it's an offence .

Under sec 87 littering. I stopped immediately.

They took my... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 20, 2021

I'm sorry this happened to you. There's no point losing time waiting for a response here - this site is essentially U.S.-based attorneys and U.S.-based law You could reach out to attorneys/solicitors in London. But first read the instructions on the ticket/FPN/post carefully and try to... Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Land Use & Zoning and Small Claims on
Q: I need a form and i need to ask how to get the form from a attorney that can send one to mhmr by fax if the attorney can

I need a attorney that can help my with infomation of a form i need

Tim Akpinar
Tim Akpinar answered on Jun 18, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: How does this Tennessee code 40-39-211 pertains to when it talks about minor offend

This code 40-39-211 mentions whose victim or victims of offender was a minor

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

What is your question?

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Can the Supreme Court deny an application for leave to proceed in the trial court without a show of cause or authority .

I received a letter stating issues have no merit not identify what issues or what was the judges decision.

Charles William Michaels
Charles William Michaels answered on Jun 16, 2021

The short answer to your question is YES. The (Mississippi) Supreme Court or the US Supreme Court can deny a request for relief with just a short order saying that. The US Supreme Court denies petitions for a writ of certiorari just that way. No explanation.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Washington on
Q: Hello, it is Illegal to file an appeal with the State, if you have concrete evidence that you should have...

never even Filed one in the first place? Would this be considered a fraudulent appeal?

Thanks

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

I don't have the required information to answer this question. An "appeal with the State"? And "concrete evidence that you should never even filed one in the first place"? The question makes no sense to me. And I don't know any procedure for a "fraudulent... Read more »

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law on
Q: HI, what is the cost for filling a Motion For Out Of Time Appeal and can a Paralegal file this type of Appeal?

How do I find a Lawyer or Paralegal to file a Habeas Corpus pro bono?

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

I know of no procedure to file an "out of time" appeal. And generally, a paralegal is not authorized to file the notice of appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Why would they not inform the family about his intentions to try to appeal his sentence?

I am daughter am entitled to know of his actions. Yet, no one informed me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 14, 2021

Notices of appeal are served on the attorneys on a case. It is up to the attorneys that represent parties to notify their clients. In a criminal case, you are not a party so you would not get notice.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: I will like a good and trustworthy lawyer that can help my brother win his appeal case. He has the lowest crime

But getting maximum punishment for it. Please help him.

Tim Akpinar
Tim Akpinar answered on Jun 13, 2021

I sorry your question remains open for two weeks. Only an experienced criminal defense attorney should advise here, but you're waiting for a response. At this point, if you haven't already reached out to attorneys, you could use the tab above (Find-a-Lawyer) to search by region, or you... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: What will my sentence be for simple assualt it's my second charge and I was intoxicated and mentally manic

Suffocated and drugged to the point I cannot sit up when I was taking the first time to jail. I do not want to go back to jail what can I do

Jermario L Davis
Jermario L Davis answered on Jun 10, 2021

Simple assault is a misdemeanor. As such, it carries up to 12 months in jail. I would suggest that you contact an experienced criminal defense attorney for representation. Furthermore, if you have been diagnosed with any kind of mental health disorders, gather that paperwork for your attorney -... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: if the appellant in Superior Court, makes the appellee(defendant) not Answer my brief in 30 days, what happens???
Charles William Michaels
Charles William Michaels answered on Jun 7, 2021

I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If a waiver of Rights form was filled by the lawyer and not defendant and not filled out entirely is still valid
Mark Oakley
Mark Oakley answered on Jun 5, 2021

What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If someone is looking for habeas corpus relief, but the state Court can not produce their plea bargain what can they do

Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?

Mark Oakley
Mark Oakley answered on Jun 5, 2021

Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: What circumstance is statute 943.0435.13a given in the state of Fl for sex offenders and could charges be dismissed ?"

What are the based evidence the state of Florida needs to prove guilt and what are the minimum to maximum required sentence or consequences for the offender if they're found guilty or plead no contest/ not guilty? One last question.. Would it be possible to get any files,documents, public... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2021

The statute speaks for itself:

"... (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: can you direct me to someone please.

appeal/motion to stay

Tim Akpinar
Tim Akpinar answered on May 28, 2021

An Ohio attorney could advise best, but your post remains open, and waiting for a response here could cost you valuable time in an appeal. You could continue to await a reply, but this forum isn't set up like a referral service - it's only for short general questions. You might be better... Read more »

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