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What is the higher court than the court of appeals? Supreme court?
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
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.
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
answered on Apr 3, 2024
I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.
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
answered on Feb 20, 2024
No. There was no trespass, and you were not harmed in any way.
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
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
Agg. Assault with deadly weapon charge during trial my rights were violated
answered on Aug 9, 2023
That usually means that there will be no oral arguments. The case will be reviewed only by the briefs.
I filed a writ of prohibition in regards to the question above
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,
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.
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
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.
And can I raise this in a second habeas corpus
answered on Jun 16, 2023
There is no "conflict of interest" when a trial attorney handles the appeal.
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.
Was entered.
The statute does not say 7 business days but only 7 days.
Is it correct to count actual days?
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.
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
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
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
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
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
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.
I'm in Arizona, a community state.
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.
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
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.
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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