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Questions Answered by Charles William Michaels
1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Who files a post conviction relief after an appeal is part affirmed, part reversed and remanded?

A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?

Charles William Michaels
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Charles William Michaels
answered on Nov 16, 2020

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

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Is a memorandum decision in Indiana court of appeal the same as an opinion?
Charles William Michaels
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Charles William Michaels
answered on Nov 16, 2020

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

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Tennessee on
Q: I’m filing a custody appeal, I have 10 days to file. Do I attach my brief with it Or can I file my brief within 30 dayS?

I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help

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

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

2 Answers | Asked in Appeals / Appellate Law for Iowa on
Q: AFFIRMED IN PART AND REVERSED IN PART.What does that mean?

A mother appeals a child in need of assistance adjudication

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

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

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1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can you appeal a decision by a judge for a cancellation of adult guardianship?

The judge didn’t get to see specific details like the letter from the psychiatrist.

Charles William Michaels
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Charles William Michaels
answered on Nov 4, 2020

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.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If I’m charged with assault 2nd can I appeal, my boyfriend was beating me and I stabbed him?
Charles William Michaels
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Charles William Michaels
answered on Oct 28, 2020

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?

1 Answer | Asked in Family Law and Appeals / Appellate Law for Oklahoma on
Q: Oklahoma supreme court filing deadlines?

When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 27, 2020

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

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
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Charles William Michaels
answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is a res judicata matter concerning a stale warrant an appealable issue in a wrongful murder conviction?

The court appointed appellate counsel did not give an opportunity for me to address any issues with him, but there was a shoe print used to pu me at the scene but the shoe wasn't mine...it was a size 10.5, I wear a size 13. The discovery never was shared with me before trial. My cousin had to... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 23, 2020

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.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
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Charles William Michaels
answered on Oct 21, 2020

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

2 Answers | Asked in Appeals / Appellate Law for California on
Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 20, 2020

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.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 16, 2020

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."

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I recently applied to sit the NY bar and I was not eligible. Does anyone have any knowledge on appeals?

520.14 for a waiver of strict compliance with 520.6. I have a dual degree from Ireland

Charles William Michaels
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Charles William Michaels
answered on Oct 15, 2020

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

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

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

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: What does remitted to lower court mean on a appeal document?
Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

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.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Kansas on
Q: In MO if I filed an appeal with DES 3 times over 10 months how long does the state have to reply back to me?

I had a contractor file misclassification case against my company with DES & IRS. I filed an appeal with DES after they determined she was an employee along with my other contractors, 2 of which were my mom and daughter. They took what she said for truth and never asked any of my other... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

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

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

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

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

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: I never had a lawyer on my case and filed an appeal with my adress on it why haven’t I received any mail with the orders
Charles William Michaels
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Charles William Michaels
answered on Sep 21, 2020

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

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: Why won’t the courts mail me any of this information as my adress is on my appeal.

How am I supposed to know what’s going on

Charles William Michaels
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Charles William Michaels
answered on Sep 21, 2020

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

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
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Charles William Michaels
answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

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