First, I am not a Virginia lawyer. However, I would need some more context to answer your question. The difference between an appeal and a complaint filed with the trial court should be obvious. An appeal is after the parties have litigated an issue before the trial court, received a final judgment... View More

First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... View More

First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."

First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial... View More

First, I am not an Iowa lawyer. That being said: "Affirmed in part and reversed in part" is exactly what those words mean. The trial court ruling/ decision was affirmed in certain respect and reversed in other respect. It also means that the appellant won--for the part of the trial court... View More

First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.

First, I am not an Alabama lawyer. That being said, of course you can appeal--but what are the issues on appeal. Did you advance a defense of justifiable assault or a similar defense. Was this a jury trial or a bench trial. And was a final judgment issued as yet?

First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... View More

It could be, depending on the circumstances.

First, I am not a Georgia lawyer. That being said, your question does not address any res judicata matter. As for the withheld evidence certainly that is an appealable issue, and you should raise it on appeal.

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.

First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."

First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative... View More

First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't... View More

First, I am not a South Carolina lawyer. That being said, what a "remitted to [the] lower court" means is that the issue(s) on appeal has been sent back to the lower court for whatever proceedings can be scheduled. It also means that the appeal is over and that the lower court has the case back.

First, I am not a Kansas lawyer. That being said, usually just filing an appeal does NOT stay the lower court's judgment. The appealing party has to ask the lower court for a stay, generally by motion. You say that it has been 10 months since you filed your appeal--have you filed a brief yet?... View More

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... View More

I attempted to answer this question earlier. CALL the clerk of the appellate court, that's the first thing you should do.

First, I am not a Nevada lawyer. That being said, were you represented by an attorney in the court below? If so, and if your attorney has not yet withdrawn his/her appearance, perhaps the appellate court is sending the information to your (former) attorney. If that's the case, your (former)... View More