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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Georgia on
Q: My lawyer didn't tell me I had ten days to motion for reconsideration with the appeal court.

he said I need to get another attorney cause he doesn't like losing I only had two days left after he informed me that he wouldn't be handling my case cause he doesn't have time, I found out online that my case had been affirmed.

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

I'm sorry, but what is your question?

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Florida on
Q: I filed a 2255 petition while in prison that was denied.COA also denied. I appealed the denial of a COA and released

From prison shortly after. I notified both the eleventh circuit and the US Attorney of my release address. A month later the US Attorney mailed me a certificate of interested person's with an appellate case number (18-13559-E). I have since heard nothing from the courts or US Attorney. It has... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 30, 2021

Call the Clerk of Court in the court of your case. Most information like this is publicly available, so the Clerk of Court can answer any questions about the status of your case. Be sure you have the case number, if that's available to you.

2 Answers | Asked in Appeals / Appellate Law for Colorado on
Q: How does one file a notice of appeal judgment
Charles William Michaels
Charles William Michaels answered on Aug 12, 2021

First, I am not a Colorado lawyer. That being said, I think your question is "how do I file a notice of appeal." If your case is in State court then, generally, you file a notice of appeal in the trial court. Along with the notice is any fee required to file. And generally, the notice of... Read more »

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1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I filed a motion for a temporary stay with the court of appeals which was denied. Can I file a new motion for temp stay?
Charles William Michaels
Charles William Michaels answered on Aug 11, 2021

First, I am not a NC attorney. That being said, I suppose you could file another motion for a temporary stay. But that motion will probably be denied as the first one was, unless you can show a material change in your favor.

2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
Charles William Michaels answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
Charles William Michaels answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

Charles William Michaels
Charles William Michaels answered on Jul 12, 2021

First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for California on
Q: How could I word my argument in my appellant opening brief?

Q: submitted proof of completion of programs, complied with visitation orders, requested 2 more hours a week judge denies

I’m appealing two cases, one for each of my daughters. I have complied with visitation ordered and submitted proof of completion of all requirements. I’ve been... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

Your argument in your brief could be just like what you said above.

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I filed a civil case in small claims court against a door company for poor installation.

I filed a civil case in small claims court against a door company for poor installation. We had a zoom conference and the judge could not hear me so he dismissed the case. I called the court and was told to file a motion, which I did, and due to the fact the post office having problems having... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

First, I am not a Michigan lawyer. But having said that, my answer is probably yes.

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 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 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 Appeals / Appellate Law for Louisiana on
Q: When can you answer an appeal vs have to file a new appeal in Louisiana?

If the defendant is appealing a portion of a summary judgement and if you lose the appeal you want to appeal the entire summary judgement, can you just file an answer to their appeal on the portion, or would you have to file an entirely new appeal. Regarding Louisiana civil procedure.

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

You would have had to file a cross-appeal in the same case.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: How do I file an criminal appeal?
Charles William Michaels
Charles William Michaels answered on Mar 22, 2021

First, I am not a South Carolina lawyer. However, I suppose a person will file a "criminal appeal" the same way as one would file any other appeal. The rule of thumb is to file a notice of appeal within 30 days of the trial court's final judgment--in criminal cases that's... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: Should I appeal my dmv hearing extension on my ignition interlock device

I'm looking at a possible interlock extension in Colorado I want to appeal my hearing because one of my events my BAC read as follows: At 7:34 my bac was .058, at 7:36 my bac was .053, at 7:42 my bac was .049, at 7:45 my bac was .043. I thought it was a false positive because I had just ate.... Read more »

Charles William Michaels
Charles William Michaels answered on Mar 8, 2021

First, I am not a Colorado lawyer. That being said, if you claim that your blood alcohol concentration (bac) is being incorrectly monitored, yes I would appeal that.

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