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Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for Washington on
Q: Charged w 5 poss w int del dismissed b4 trial no lower plea all 5 dissmissed...can cps use that in report? Washington St

If a person worked closely w cps and closed out investigations completed all successfully never a finding of found 19x never a concern or mention all 19x that imminent harm was being done or will b done to now sayn that imminent harm will be done to children if returned to this 19x successfully... Read more »

0 Answers | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Municipal Law for Alabama on
Q: UNDER this code, can the defendant appeal the sentence to the circuit court for the county the municipal is located in?

I'm embarrassed by our counties municipal judges abuse of the authority given by the Councils and the alignment with the local CRO office and crooked public defenders . That advise the defendants to plead guilty on a DUI because they get paid out of restatutions even when the defendants... Read more »

0 Answers | Asked in DUI / DWI, Appeals / Appellate Law, Constitutional Law and Municipal Law for Alabama on
Q: UNDER this code, can the defendant appeal the sentence to the circuit court for the county the municipal is located in?

I'm embarrassed by our counties municipal judges abuse of the authority given by the Councils and the alignment with the local CRO office and crooked public defenders . That advise the defendants to plead guilty on a DUI because they get paid out of restatutions even when the defendants... Read more »

0 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: Can a person convicted of a home invasion and second degree murder in the state of IL go to "work release"

A woman is claiming she's going to work release next fall and I think she's just wanting me to support her financially and is lying about being eligible for a work release program, I've tried searching as much information as possible and so far my answers lead me to believe it's... Read more »

0 Answers | Asked in Appeals / Appellate Law for Texas on
Q: : What does ark code 11-10-524 (b) basically mean?

If appellant has not shown that the late filing was due to circumstances beyond his control and the decision states: the appeal under code 11-10-519 and 532 are dismissed. And the determinations are not affected by that decision. Should that decision be appealed to Board of Review. Or let that... Read more »

0 Answers | Asked in Appeals / Appellate Law for Texas on
Q: What does ark code 11-10-524 (b) basically mean?

If appellant has not shown that the late filing was due to circumstances beyond his control and the decision states: the appeal under code 11-10-519 and 532 are dismissed. And the determinations are not affected by that decision. Should that decision be appealed to Board of Review. Or let that... Read more »

0 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Indiana on
Q: Can I file a civil suite against special funds after they claimed I signed a paper which I did not sign

Can I file a civil suite against special funds after they claimed I signed a paper saying my claim would stop in April of this year which I did not sign and can I get a police report on special fund pasting my signature on 3 papers fraudulently without my consent. long story on many other things.

0 Answers | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

0 Answers | Asked in Appeals / Appellate Law for Colorado on
Q: If a time sensitive appealable document was purposefully not turned over to respondent in a D&N case by the CDHS , what

If a time sensitive appealable document was purposefully not turned over to respondent in a D&N case by the CDHS, or DHS of a certain county or counsel, to the detriment of the family, what are the family's options for still getting an appeal after the alloted time period to appeal has... Read more »

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: What's the statute of limitations gor a defendant to raise a fatally defective indictment claim in a criminal case

The indictment at issue failed to include an essential element of Armed Robbery charge

0 Answers | Asked in Appeals / Appellate Law and Criminal Law on
Q: Hi.. I would like to know what are the chances of bail pending appeal. And the appeal in ur view.

Mr.. was sentanced this way..

Count 1) 2 years.kidnapping

Count 2) 3years G. B. H

Count 4) 2years extortion

In trms of sec 280(2) act 51/1977It is ordered that count 3 run concurrently with the imprisonment apposed on count 2. No order made counts to provision of... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: I have a open case with the opc. Is it necessary to appeal the conviction from the district court as well

That's a pretty straight forward question for a attorney

0 Answers | Asked in Appeals / Appellate Law for Minnesota on
Q: I need to file an appeal can I get a state appointed attorney or pro Bono one. I represented myself but not good.

I doubt know the first thing about filing a appeal. I need help.

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