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Questions Answered by Charles William Michaels
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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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: A state appeal pending over 12 months what is the success rate
Charles William Michaels
Charles William Michaels answered on Mar 4, 2021

First, I am not a Virginia lawyer. That being said, there is just no way to know what the "success rate" is on appeal. Every case is different. But generally, the chance of winning on appeal is 15/20% if that. I can estimate the chances of winning a given case if I had more background.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Virginia on
Q: A state appeal is pending taking longer than 12 months does that increase success rate?
Charles William Michaels
Charles William Michaels answered on Mar 2, 2021

Generally, no. The appeal decision could be delayed by many reasons, some not having anything to do with the case.

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If I lose appeal on monetary judgement will I have to pay twice as much or the original amount of judgement

I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... Read more »

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

First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I received a traffic ticket. Judge scare me into pleading guilty. Can I appeal this ticket?

I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.

Charles William Michaels
Charles William Michaels answered on Feb 11, 2021

Generally not--when a person pleads guilty any appeal rights are waived.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What does it mean my Appeal mean?

What does it mean ?

Valid Claim:We affirmed the previous ruling.

Separation from work : We reversed the previous ruling.

Charles William Michaels
Charles William Michaels answered on Jan 26, 2021

I cannot answer this question, because the question is too vague. Sorry.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is a turnover order in NY State of funds held in an escrow account appealable? Underlying judgment is being appealed.

The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?

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

First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.

2 Answers | Asked in Appeals / Appellate Law and Child Support for Georgia on
Q: How do you appeal a child support order when I found proof of $4000 he removed from our joint account and never replaced

We had an administrative hearing and my ex lied about a check I deposited into his account for child support. The account later became a joint account but he removed $4000 to his personal savings account that I had no access to. He claimed we both used the $5500 but I found proof after the hearing.... Read more »

Charles William Michaels
Charles William Michaels answered on Dec 9, 2020

First of all, I am not a Georgia lawyer. That being said, if you are within the time frame (according to your local/State rules), you first could file a motion for reconsideration, directed at the administrative hearing judge--detailing this issue. But beware that doing so does not affect your time... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: appeal

Trial judge ruled in favor of plaintiff for 3775 dollars back rent in April 2018, defendant appealed May 2018. Defendant file Bankruptsy in July 2020, Bankruptsy, Discharged in August 2020. My debt not included in discharge. Does Bankruptsy by debtor have any effect on defendants appeal in circuit... Read more »

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

The bankruptcy by debtor/appellant should not affect the appeal, because plaintiff's debt was not included in the bankruptcy discharge. However, any further proceedings on the appeal are probably moot now. And if the debtor/ appellant has recently filed for bankruptcy, are there any funds left... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: We have to vacate our mobile home by Monday 11/23 can we file an appeal to stay longer?

I have my family who will be on the streets

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a California lawyer. But generally, taking an appeal does not stay the decision or judgment of the lower court or administrative agency. Along with the appeal, a party usually must file a motion to stay. And that usually requires some sort of bond or other security-- with the motion... Read more »

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