Q: if some one had an appeal and lost but two years later new evidence is realized what do you do to have case reheard?
Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL COMPLAINT ANOTHER EXAMPLE WRONG VENUE ITS A LEGISLATIVE TRIBUNAL AND NOT A TRUE COURT OF RECORD , JUDGE IS NOT SEPARATED FROM THE TRIBUNAL EXAMPLE TITLE 42 IS NOT LAW IT IS NOT POSITIVE LAW NO FEDERAL AGENT OR LAW GRANTING AGENCY THE RIGHT TO TAKE CHILD AGAINST THE WISHES OF THE PARENTS ESPECIALLY WITH OUT A WARRANT. WAS NEVER FORMALLY CHARGED WITH A CRIME. THE HHS DIRECTOR IS A FEDERAL AGENT THE WHOLE COURT JUDGE TO THE POLICE ARE ALL BEING PAID BY THE EXECUTIVE BRANCH OF GOVERNMENT SO THE JUDICIAL THE LEGISLATIVE ARE ALL WORKING TOGETHER UNDER THE EXECUTIVE BRANCH UNDER TITLE 42 LOOK UP PAYMENTS TO STATES SO NO ONE TO TURN TO FOR REMEDY IM NOT CRAZY THIS IS REAL IS THEIR ONE ATTORNEY HELP
A: Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the specific details of your case and determine the best course of action to have your case reheard in light of the new evidence.
This is actually a very real issue:
but one which likely will require legislation to fix. What you describe is not "new evidence." It is a legal argument based upon a law that could have been raised in your original court case but likely wasn't because neither you nor your attorney were aware of the legal issues involved.
Improper venue is a waivable matter which would have had to be raised at the very beginning of your court case or it is waived.
Perjury by a party or witness is not a ground for setting aside a judgment. You or your attorney had the right to challenge the perjured testimony at the time of trial and to show that the party/witness was lying.
Your arguments about the director of HHS, etc. are almost certainly losing arguments.
Apart from that, however, you raise an emerging issue which affects state removal proceedings nationwide. Some jurisdictions are already responding with the possibility of reunification hearings. But that is very difficult when parental rights have been permanently terminated that the child has been adopted.
An ideal case to push this issue would be a case where a parent's rights have been terminated solely because of a positive toxicology report that can be shown to have unquestionably been the result of methadone use by the mother. In most parental termination cases, a positive toxicology report is one of many pieces of evidence that result in termination of the parent-child relationship.
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