Q: On an appeal brief, once proven that the lower court lack subject matter jurisdiction may I sought release
I'm filing an appeals brief, and I have proven that the lower court never had subject matter jurisdiction to render there judgment. In my relief sought may I demand a immediate release or remand it back the lower court for the issuance of the writ to test the legality of the restraint
A: Is this a criminal defense matter? If you prove that the lower court lacked jurisdiction, the court should issue an order to overturn the decision of the lower court, and you should ask for that in your appeal. It's best to have an attorney handle an appeal, as they can be too complex for non-lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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