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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Washington on
Q: What is the review in the Superior Court of Washington civil division?

I'm appealing an impound hearing which was held in district Court and denied in district Court of Washington.

James L. Arrasmith
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answered on Mar 16, 2024

In Washington State, when you appeal a decision from a district court, such as an impound hearing decision, your case moves to the Superior Court for review. This process is part of the civil division in the Superior Court, which handles a variety of cases, including appeals from lower courts. Your... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: Hello, I worked for the state of California. I went through spb court of appeals and now I'm filling a writ of mandate.

Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?

James L. Arrasmith
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answered on Mar 16, 2024

In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law on
Q: I won my appeal in court, violation 4th amend. illeg. search. So can I now file suit against the cop, detective and judg

I was illegally searched arrested and vehicle towed. Trial judge allowed everything. Appeals court 3-0 my favor.What can I do now.

James L. Arrasmith
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answered on Mar 16, 2024

Winning an appeal on the grounds of a Fourth Amendment violation is a significant victory. It establishes that the search and arrest were not conducted in accordance with your constitutional rights. This can open the door to further legal actions, particularly against those who were directly... View More

0 Answers | Asked in Divorce and Appeals / Appellate Law for Maryland on
Q: If parties of divorce cannot agree on partition of property in Maryland, is sale in lieu of partition the only option

by judge? Even if marital home was acquired before marriage under sole ownership and the trial court orders sale by trustee, is the forced sale an appealable issue in light of new Partition of Property Act? Can I buy out other party based on estimated net proceeds of an appraisal of fair market... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: how do you plea a old case to the court where the case was disposed but the lawyer did not file paperwork?

Back in 2008 I paid for someone's groceries at Walmart. This person had been stealing and I was arrested. I have no previous record and pleaded innocent with the lawyer I had at the time. To show good faith, I did community work and the case was to be expunged. I recently found out the lawyer... View More

1 Answer | Asked in Appeals / Appellate Law and Probate for Massachusetts on
Q: Can an interested party challenge a receiver's decision and court order regarding distribution of a charity's assets?

Charity went into receivership due to no surviving board members. A few charities expressed interest in the assets. Receiver's decision was to disburse the assets to these interested charities unequally. (Some received more and others less). One of these charities feels the receiver made... View More

Christopher Tolley
Christopher Tolley
answered on Mar 15, 2024

Without reviewing the applicable law or having access to any of the facts of this matter, I would say yes but unfortunately this not a simple question suited to an informal online forum such as this one. You should consult a lawyer on this. Perhaps the charity already has representation. Good luck.

0 Answers | Asked in Appeals / Appellate Law for North Carolina on
Q: I wonder if I appealed to District Court from Small claims, can I raise the amount of reward from 10K to 25K

Appeal was based on excusable neglect and the matter: damage done by surgeon's negligence res ipsa loquitor

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

0 Answers | Asked in Appeals / Appellate Law, Criminal Law, Foreclosure and Real Estate Law for Hawaii on
Q: If in appeal, do you submit motion to vacate to appeals or to circuit court? How to stop plaintiff foreclossing exparte

i am in appeals. My HOA is stealing, I exposed it, they SLAPP sued me in retaliation. I proved that there is judiciary corruption and that HOA attorneys are in fraud embezzling $120K doiuble dipping

Appeals court did not reply for 2 months already. Meanwhile HOA is aggressively foreclosing... View More

0 Answers | Asked in Appeals / Appellate Law for North Dakota on
Q: I would like to appeal a conciliation verdict in MN but not sure if I can enter new evidence. I see conflicting advice.

I've seen advice that on appeal, It starts over, but on the Minnesota Courts own website it says that you cannot enter new evidence. I lost a case because I didn't return a renters deposit in the 21 days required in MN. However, since the verdict, I realize I may have understood the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

James L. Arrasmith
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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Appeals / Appellate Law and Elder Law for Virginia on
Q: I'm in urgent need of assistance concerning an unfair discharge from an assisted living facility within 5 days.

I'm an assistant living facility resident with an auxiliary grant being unfairly discharged because the facility was cited for exceeding its licensed capacity and had to get back into compliance. When I became a resident, it put the facility at its capacity. I filed an appeal with VDSS but... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you have been placed into this predicament. Legal Aid comes to mind, but you are already in contact with them regarding your appeal. You could reach out to local and state bar associations to ask... View More

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