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Questions Answered by Charles William Michaels
3 Answers | Asked in Appeals / Appellate Law for California on
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?

What is the higher court than the court of appeals? Supreme court?

Charles William Michaels
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Charles William Michaels
answered on Dec 21, 2023

Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme... View More

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1 Answer | Asked in Appeals / Appellate Law and Divorce for Pennsylvania on
Q: If a judge signed the divorce decree and you appeal the case are you still married till the appeal is over?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2024

No. The judgment of absolute divorce is still valid. Unless, the other party requests a stay, all parties are still divorced while the appeal proceeds. That goes to other aspects of the trial court judgment.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

2 Answers | Asked in Appeals / Appellate Law, Traffic Tickets and Civil Rights for Utah on
Q: Do I have reason to Appeal a Parking Citation if is was placed in my car ( entered the vehicle ) without my permission

My car was closed and yet I found a parking Citation paper placed on my seat.Park City Policeman opened the door without me there and put the parking citation on the seat. I had been parked without a payment ticket for apx 15 minutes + or - 1 or 2 , usually there is a 15 minute grace period before... View More

Charles William Michaels
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Charles William Michaels
answered on Feb 20, 2024

No. There was no trespass, and you were not harmed in any way.

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2 Answers | Asked in Employment Law, Appeals / Appellate Law, Legal Malpractice and Sexual Harassment for New York on
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?

I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.

Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 25, 2023

First, I am not a New York attorney. But if you have already agreed to a settlement, my impression is that you have also agreed to waive your appeal rights. However, I am not privy to the settlement documentations-- perhaps the appeal rights were not addressed. The fact that your attorney was on... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: In an appeal whàt does set for submission on briefs mean?

Agg. Assault with deadly weapon charge during trial my rights were violated

Charles William Michaels
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Charles William Michaels
answered on Aug 9, 2023

That usually means that there will be no oral arguments. The case will be reviewed only by the briefs.

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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Alabama on
Q: Can you help prepare an civil appeal brief?

Civil appeal brief due by July 12, 2023.

Charles William Michaels
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Charles William Michaels
answered on Jul 11, 2023

Not with that short of a deadline.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: If I invoke the appellate courts original jurisdiction does the trial court automatically lose its jurisdiction over me

I filed a writ of prohibition in regards to the question above

Charles William Michaels
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Charles William Michaels
answered on Jul 6, 2023

Generally, yes.

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if you win a appeal what happens next?
Charles William Michaels
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Charles William Michaels
answered on Jun 23, 2023

If you succeed on appeal, the appeal court will issue an order detailing the next steps: remand, remand with instructions, reversal, dismissal, etc. The trial court will have to follow that order,

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: When you file an appeal will it be in the same county? Same judge?
Charles William Michaels
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Charles William Michaels
answered on Jun 23, 2023

Your appeal will not be heard by the same judge. And the physical location of the hearing will be at the appeal courts building.

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1 Answer | Asked in Appeals / Appellate Law for West Virginia on
Q: In wv, what happens if you win an appeal twice in the same case? Will the supreme court remand the case a second time?

This is an abuse and neglect case. My rights were terminated, on appeal, the wv supreme court vacated the termination and remanded the case. Now the circuit court is making the same reversible error the sc remanded the case for. Will they remand it again with the same opinion? I'm worried my... View More

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

The trial court and the prosecutor are bound by the appellate court's opinion and order. If the trial court acts in a way that shows non-compliance with that order, the trial court risks censure.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: I had the same public defender at trial and on direct appeal. Is this considered a conflict of interest.

And can I raise this in a second habeas corpus

Charles William Michaels
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Charles William Michaels
answered on Jun 16, 2023

There is no "conflict of interest" when a trial attorney handles the appeal.

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: If a judgement was entered to have D pay P 5k, and P appeals, does D still have to pay while the appeal is pending?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 16, 2023

Unless a stay is ordered by either the trial court or the appellate court, with whatever security is appropriate, the filing of an appeal does not suspend the judgment. So yes the payment will be due.

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1 Answer | Asked in Appeals / Appellate Law on
Q: In dispossessory proceedings the statute provides that an appeal shall be filed within 7 days of the date such judgment

Was entered.

The statute does not say 7 business days but only 7 days.

Is it correct to count actual days?

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Apr 11, 2023

Usually, any time less than 5 days, you count calendar days. So with 7 days to take any action, it's 7 calendar days. So yes, you should count actual days.

1 Answer | Asked in Divorce, Appeals / Appellate Law and Libel & Slander for Maryland on
Q: "Brief to Appellate Court shall be securely bound along left margin". What is the standard way of doing it for judges?

Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.

I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 6, 2023

The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 1, 2023

First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... View More

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1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... View More

Charles William Michaels
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Charles William Michaels
answered on Jan 31, 2023

As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arizona on
Q: My X is appealing com property split in our divorce. Am I required to respond to the appeal? I have no $ for an attorney

I'm in Arizona, a community state.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jan 16, 2023

I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.

2 Answers | Asked in Appeals / Appellate Law for Maryland on
Q: I appeal a circuit court decision pro se. Judgment vacated & remanded 4 further proceedings. What should i do now

I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Dec 9, 2022

With a remand for further proceedings, you should not have to do anything. The circuit court will get the case back from appellate court, and the circuit court case will start up again. You should receive notice when that should happen.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: NY State Supreme Court dismissed my complaint on 10/14/2022. I want to appeal. Deadline to file notice of appeal?
Charles William Michaels
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Charles William Michaels
answered on Nov 12, 2022

Usually, the notice of appeal is just that. A simple two sentence notice, with the case caption and signature and certificate of service. But in the information report or case summary report which usually has a strict deadline, that information is required.

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