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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Motion to set aside a default judgement or appeal? What is a better option? (Civil)

A default judgement has been entered - but I had a baby mere days before the hearing - and no counsel to request continuance. Default judgement was granted and order was issued. Do I file a motion to set aside judgement or go ahead and appeal?

Anthony M. Avery
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answered on Sep 26, 2023

File the motion to set aside the default judgment. If denied, then appeal.

0 Answers | Asked in Divorce and Appeals / Appellate Law for Louisiana on
Q: Why would Judgement read “Rule to Refix Motion for Contempt” when hearing set as “Motion for Contempt”?

A “Motion for Contempt” hearing was set. My attorney advised to settle. The settlement agreement that was drafted stated hearing regarded a “Rule to Refix Motion for Contempt”. Is this the proper?

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: I was stopped at Walmart for shoplifting, the police came and took my information and I was told this was a warning, if

I was stopped at Walmart for shoplifting, the police came and took my information and I was told this was a warning, if I did it again I wouldn’t be allowed back into the store and the cop walked me out of the store. That was March of 2022 and I haven’t gotten into any trouble since. On... View More

0 Answers | Asked in Appeals / Appellate Law, Divorce, Family Law and Personal Injury for Alabama on
Q: What is the statue of limitations to file an appeal for the decision made in a divorce case!

Also, what is the status of limitation to sue an ex-husband for untrue statements that he made that destroyed my mental state of mind and defamed my character! Please help me!

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: ipoted bail on felony andfiled motion forexaminingtrial hearing before indictment andcourt returned no actiontaken

does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More

0 Answers | Asked in Appeals / Appellate Law on
Q: Appellate criminal appeal in Mn can send rosannebauer1@gmail the exact forms to fill out for the Mn criminal appeal

I need to find a great lawyer that will do a bro bono on criminal appeal I believe I have a good case for appeal I don't want a public defender . Someone please help me it's for my son . We need to appeal

1 Answer | Asked in Gov & Administrative Law, Real Estate Law and Appeals / Appellate Law for Massachusetts on
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.

How does he appeal the decision?

T. Augustus Claus
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answered on Sep 21, 2023

In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able... View More

0 Answers | Asked in Education Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: The censorship of books in libaries. Board of education V. Pico.

"The Supreme Court reaffirmed that the right to receive information is a fundamental right protected under the U.S. Constitution when it considered whether a local school board violated the Constitution by removing books from a school library. In that decision, the Supreme Court held that... View More

0 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Georgia on
Q: can i rescind a consent/stipulate to a dependency adjudication petition?

petition was filed with a false dv allegation on me and mental health issues on my gf. i agreed to a psychological assessment and couples counseling prior to the adjudicatory hearing. we attended via zoom 51 days ago. however, we lost connectivity and was not able to reconnect prior to completion... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: can i bring in case documents/discovery/situation and discuss if I can appeal or withdrwarl my plea 23-04493cf

there is alot to discuss.

Keith Upson
Keith Upson
answered on Sep 21, 2023

Please reach out to Florida licensed attorneys who practice criminal appeals for a consultation, many offer them at no cost. There are simply too many variables in your statement, and after a defendant enters a plea, their appeal options are limited. Even more limited after they are sentenced.

1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: Can I file a motion for a new trial in district court and a notice of appeal on the same day?
T. Augustus Claus
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answered on Sep 19, 2023

In Montana, you typically cannot file a motion for a new trial in district court and a notice of appeal on the same day in the same case. Filing a motion for a new trial generally extends the time for filing an appeal. The usual sequence involves filing a motion for a new trial within a specific... View More

0 Answers | Asked in Contracts, Criminal Law and Appeals / Appellate Law for Ohio on
Q: At what point is the public defender no longer your attorney? After sentencing? One who refuses to file for a defense.

How do I find a pro bono criminal defense lawyer? My brother was forced into a plea deal by public defender who refused to believe he’s innocent. Only documents filed was a plea deal. Many discrepancies in his case to prove his innocence overlooked. Probation officer gave biased report. Detective... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Carolina on
Q: I didn't get my preliminary hearing. Can anything be done?

I met all requirements, (signed up in time, had a lawyer, etc.) My charge should have been dropped at prelims, the weights didn't match. It was 77 grams on the warrant and 56.2 grams at court. It's 2 years later. Can I do anything about it?

0 Answers | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Oregon on
Q: Plaintiff lost arbitration and is filing appeal, trial de novo in Oregon

If I am the defendant with an arbitration award do I need to file a response to the trial de novo request?

0 Answers | Asked in Appeals / Appellate Law and Civil Rights on
Q: My x was in a county jail last year. I can't find her in any jail, or prison list. Does that mean she is free?

She filed a Notice of Appeal on her civil rights case recently. But I can't find her anywhere incarcerated. Why is that?

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Are you aware of any published decisions on legal errors?

A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint... View More

John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Q: If the defendent misses the first court date, can the court assign a new court date without informing the defendent?

I've missed my first court date, and I was unable to call or attend the court due to not having no phone nor any way to go to the court in person. I was told I've missed not just the first one but two more after that one. I had no notice of the second or third one. and now I have a... View More

1 Answer | Asked in Appeals / Appellate Law for Kentucky on
Q: Who is a successful criminal appeals lawyer that can get a wrongful conviction under krs 503.085 self defense vacated?
T. Augustus Claus
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answered on Sep 14, 2023

o find a capable criminal appeals lawyer in Kentucky for potentially vacating a wrongful conviction under KRS 503.085 (self-defense), start by contacting the Kentucky Bar Association or seeking referrals from trusted sources. Online attorney directories and local legal aid organizations can also... View More

0 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: In Alabama, can an appellate court civil ruling be appealed to the Alabama Supreme Court in all cases?

The Alabama Court of Civil Appeals confirmed a lower court ruling on a civil case where the ligation amount is about $1500. There was no written opinion, just the ruling. The ruling listed three case citations and one section of the Code of Alabama. Two of the case cited are irrelevant, the third... View More

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