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Questions Answered by Charles William Michaels
1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 23, 2020

First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
Charles William Michaels answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

2 Answers | Asked in Appeals / Appellate Law for California on
Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 20, 2020

First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 16, 2020

First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I recently applied to sit the NY bar and I was not eligible. Does anyone have any knowledge on appeals?

520.14 for a waiver of strict compliance with 520.6. I have a dual degree from Ireland

Charles William Michaels
Charles William Michaels answered on Oct 15, 2020

First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't... Read more »

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: What does remitted to lower court mean on a appeal document?
Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

First, I am not a South Carolina lawyer. That being said, what a "remitted to [the] lower court" means is that the issue(s) on appeal has been sent back to the lower court for whatever proceedings can be scheduled. It also means that the appeal is over and that the lower court has the case back.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kansas on
Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?

I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet?... Read more »

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

Charles William Michaels
Charles William Michaels answered on Sep 25, 2020

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: I never had a lawyer on my case and filed an appeal with my adress on it why haven’t I received any mail with the orders
Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

I attempted to answer this question earlier. CALL the clerk of the appellate court, that's the first thing you should do.

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: Why won’t the courts mail me any of this information as my adress is on my appeal.

How am I supposed to know what’s going on

Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

First, I am not a Nevada lawyer. That being said, were you represented by an attorney in the court below? If so, and if your attorney has not yet withdrawn his/her appearance, perhaps the appellate court is sending the information to your (former) attorney. If that's the case, your (former)... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
Charles William Michaels answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
Charles William Michaels answered on Sep 15, 2020

First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
Charles William Michaels answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Does an expedited appeal mean once everything is filed it goes to the top of the list for the court to decide
Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

No, usually an "expedited" appeal is for a certain class of cases: adult guardianship, juvenile guardianship, child custody, etc. And it usually means that the deadlines for the transcripts, the record, and the briefs have been shortened-- so that the case will move along faster.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If Review is denied by a State Sup. Court on an civil Appeal, can SCOTUS Mandamus relief be sought, or just Writ of Cert

In other words if a Writ of Certiorari is an option, would Manmadus relief be denied due to the writ of certiorari being an available remedy option?

Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

I think as long as the writ is an available option, the court will look to that option.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: If a judge strikes your motion because you filed pro se when you have counsel can you appeal that decision?

I have a juvenile dependency hearing on September 28th. A few weeks ago I filed a motion to strike neglect petition and a motion to vacate temporary custody. The attorney general asked the judge to strike the motions because I submitted them and not my lawyer. Is it a law that I have to use my... Read more »

Charles William Michaels
Charles William Michaels answered on Sep 7, 2020

If you are represented by an attorney, generally all motions, other filings and court appearances go through that attorney. There have times when a client files his own motions, etc. although that person is represented. But I would not think that should be grounds to strike those motions. So yes I... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
Charles William Michaels answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: In an appeal if the accused misses his deadline he is time barred and he loses what happens if the state misses it?
Charles William Michaels
Charles William Michaels answered on Sep 2, 2020

First, I am not a SC lawyer. However, your question is vague. If an appellant misses the deadline to note an appeal, yes he is time barred. But if your question has to do with appeal briefs, he may be time barred if the appellant does not file a brief on time.

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