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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I was denied a pistol permit under the pretense that a hospital said that I had a substance abuse problem.

I do not have ANY SUBSTANCE ABUSE problem. My last drink was on July 4 of 2021! I have never been involuntary admitted to any substance abuse facility. I don’t use any drugs at all either and I haven’t In well over a year. I want to appeal the decision but I’m not sure what to do or if I need... Read more »

Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Aug 8, 2022

I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
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Charles William Michaels
answered on Jul 27, 2022

Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.

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1 Answer | Asked in Contracts and Appeals / Appellate Law for Wyoming on
Q: How do I file an appeal for power of attorney?

I filed the paperwork on behalf of a friend for power of attorney

Charles William Michaels
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Charles William Michaels
answered on Jul 27, 2022

I don't understand this question. Ordinarily, there is no appeal for just a power of attorney. Any appeal must come after a hearing or a trial and is directed to alleged errors that the trial court committed...

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Am I allowed to view e-records from the other party if those e-records are used against me in court?

The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?

Charles William Michaels
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Charles William Michaels
answered on Jul 26, 2022

You should be able to view the entire record, including materials from the other side.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 21, 2022

First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: if a sentence is vacated by the Supreme court and mandated to be expedited back to the circuit court and the circuit co

the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 20, 2022

First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.

1 Answer | Asked in Appeals / Appellate Law on
Q: Is a motion for relief from judgment (60 FRCP) possible against the final ruling of a court of appeals?

Sorry, i'm a brazilian masters student conducting legal comparative studies about post-final judgment remedies. I've seen rule 60 (FRCP) allows relief from judgment on excepcional grounds, but apparently it only applies to the final judgment of the trial court. Could a party try to obtain... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 19, 2022

That's an interesting question. Without some research, I would say that the answer is no. But there's always a petition for en banc review in the federal appellate system, that is also a "relief" from a final judgment (decision) of the initial three-judge panel. But that has a time limit.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Appeal dismissed case, argue a/g mootness on violations of civil/constitutional rights.

I accused of stalking after argument with woman at a Target store in Bradenton, Florida. “Stalking” here was printed materials & items posted online w/pictures from woman’s public Facebook page. I never contacted or attempted to contact this person. No physical evidence tying me this.... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 18, 2022

If the case was dismissed, in your favor, there is essentially nothing to appeal. Let it go.

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
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Charles William Michaels
answered on Jul 13, 2022

First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Louisiana on
Q: If a lawyer admitted to the state bar but never to federal court represented you, is your conviction valid?

I hired a former district attorney to represent me in a federal criminal matter. He did not disclose to me that he was not admitted to practice in federal court. In reviewing my file for appeal I found a notice from the Government to the Court stating that he was not admitted to practice. Neither... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 1, 2022

Yes.

2 Answers | Asked in Appeals / Appellate Law for Mississippi on
Q: How to file a appeal
Charles William Michaels
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Charles William Michaels
answered on Mar 28, 2022

First, I am not a MS lawyer. But generally, you file a notice of appeal with the trial court, stating that you would like to appeal the judgment of the trial court to the appropriate appellate court. The form is simple, just the case number and case number, and a brief statement about noticing the... Read more »

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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
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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
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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 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
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Charles William Michaels
answered on Dec 22, 2021

Nothing. The decision will be issued in due course.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Juvenile Law for Minnesota on
Q: Should I file and appeal on a judges ruling regarding the name change of a minor when recipient was not served properly?

The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... Read more »

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

Perhaps an appeal would be proper

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: how long a case can stay in us appellate court before a decision is made
Charles William Michaels
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Charles William Michaels
answered on Dec 14, 2021

There is no time limit. The opinion is issued in due course, but 60-90 days is usually when a decision is issued.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for West Virginia on
Q: Can I appeal the courts decision to terminate my parental rights
Charles William Michaels
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Charles William Michaels
answered on Nov 15, 2021

First, I am not a WVA lawyer. That being said, I would think you could appeal that decision, unless you have agreed in the termination case to waive your appeal rights.

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: Police fabricated probable cause statement to charge and convicted me assault when there was NO injuries. Police and Dr

Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »

Charles William Michaels
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Charles William Michaels
answered on Oct 24, 2021

There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... Read more »

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