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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Contracts, Tax Law and Appeals / Appellate Law for Oklahoma on
Q: Have claimed winnings and I have to reclaim and if I want and get the information to transfer my to the bank account and
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 1, 2022

Hi! You might be able to get a clear answer if you reword your question. The way it is laid out is a little confusing to understand.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... Read more »

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
Read more »

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: Can't find the decision before Ill Appellate Court First District in 1997: Moll v. Mt. Prospect Fire Dept.Pension Fund.
Charles Candiano
Charles Candiano
answered on Oct 18, 2022

There are no reported Decisions involving a litigant by the name of "Moll" and "Mount Prospect" from the late 1980's, to present. It would be helpful to know why you are looking for it/what proposition it stands for. Please provide that information and I'll check.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Georgia on
Q: I filed an open default within the timeframe the law allows, paid the fee and filed my arguments. Can I appeal?

I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 16, 2022

I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Elder Law for Texas on
Q: Yes my fiance was sentenced on the 7th of this month to 18 months state. He has 94 days good time.

He is 66 years old and is disabled with multiple health issues. What can I do to get his sentence reduced and out of jail. There is no way he is going to make it in there

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 10, 2022

If the is a state jail case he maybe able to get 20 percent off otherwise it is served day to day

1 Answer | Asked in Appeals / Appellate Law and Employment Law for California on
Q: Can I withdraw my individual wage claim case if defendant appeals decision and then file a PAGA lawsuit instead?

Defendant is appealing a decision made by california DLSE. I am wondering if I can withdraw individual claim at this point and start over with a PAGA Lawsuit or not

Neil Pedersen
Neil Pedersen
answered on Oct 7, 2022

You need to get an attorney involved with this right away. Generally once you take a DLSE matter to a finding, you have lost your ability to then file in superior court on the same issue.

Locate and consult with an attorney about this.

Good luck to you.

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My Fiance was convicted to 60 yrs in prison. And wants to know the steps to getting this case re opened.

Wants to get this case reopened and get a thorough investigation.

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

To reopen a criminal case substantial, probative evidence must have been discovered after the trial. This is no DIY matter. Use your local bar association's find a lawyer for him, or use the search engine here.

Good Luck

d

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Is it possible for the trial judge to have a old classmate in the jury in a murder trial without it being a conflict?
Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Personal Injury for Texas on
Q: Appealing 2nd COA District CourtTX, personal injury, gross negligence, denied pro-bono, a free appeals form? FW, TX

drink can contained what I believe was a metal washer, object lodged way back in throat, swallowed it then it raped my throat causing severe sleep deprivation. Defendants have conceded the incident and damaged throat etc. Due to SSDeprivation missed a response. Many errors by court which is an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Handling an appeal requires the services of a skilled attorney with experience in appellate law. It is not something most individuals are capable of handling pro se. There is not a "free form." You will be expected to fully comply with the Texas Rules of Appellate Procedure. You will... Read more »

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for California on
Q: parental rights were terminated lost appeal in California false allegations can provide proof what can I do

Is there anything I could file to provide arguments

James R. Dickinson
James R. Dickinson
answered on Sep 25, 2022

Speak with a local appellate attorney to see if you've exhausted you appellate rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: I would like to start a civil case, which is the opposite of a small claims, a big case. How do I hire a lawyer?

I have been calling lawyers and no lawyer wants to take the case. Could I get the court to hire me a lawyer? How is it done? How can I get a lawyer that will take no money upfront, but takes money after the case has been won?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

You're looking for an attorney who'll take your case on a contingency. You'll need to keep contacting lawyers to find someone to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship.... Read more »

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
PREMIUM
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 and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Need advice on filing an appeal on my Marvin vs. Marvin case

I lived together with a lady for over 30 years. I filed a lawsuit to get my right to the property based on Marvin vs, Marvin law. I lost my case because the judge ruled that the relationship was romantic. I need to discuss my case to determine my grounds for appeal. During our living together ,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Speak with an attorney handling appeals then. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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