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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... View More
answered on Jan 4, 2022
The case on appeal will be heard--on the issues that appellant rose.
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?
answered on Dec 22, 2021
Nothing. The decision will be issued in due course.
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... View More
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.
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.
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... View More
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... View More
The 6th Circuit US Court of Appeals employs a three judge panel to hear all appeals, both criminal and civil. What if one of the judges was so sick, he could not understand the proceedings, leaving effectively only two judges? Since everybody else is given three judges, is this a violation of due... View More
answered on Oct 4, 2021
Generally, NO. I assume the absent judge will be at the conference meeting where they usually discuss the case(s) and vote. So I don't see any violation of due process.
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.
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... View More
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.
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... View More
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.
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.
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,... View More
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.
What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.
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.
Filed for Factually Innocent. Prosecutor is fighting me over it.
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.
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 &... View More
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... View More
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... View More
answered on Jul 3, 2021
Your argument in your brief could be just like what you said above.
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... View More
answered on Jul 3, 2021
First, I am not a Michigan lawyer. But having said that, my answer is probably yes.
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.
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.
I received a letter stating issues have no merit not identify what issues or what was the judges decision.
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.
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