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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... Read more »

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Wisconsin on
Q: NEED A SPECIFIC FORM TO FILE A WRIT OF HABEAS CORPUS IN WISCONSIN AND WHO DO YOU FILE IT WITH CONCERNING A STATE INMATE?

ALREADY BEEN THROUGH APPELLATE AND SUPREME COURT APPEALS.

Q: If a roommate wants to stay after a lease end, can they pay me my deposit back or do I lose my money?

It’s going to be the end of our lease in April and I will be moving out but my roommate wants to stay and renew the contract. Will also be getting new roommates. The renting company will not be giving me my deposit back because the lease is continuing but my roommate doesn’t want to pay me my... Read more »

0 Answers | Asked in Employment Law, Family Law and Appeals / Appellate Law for Washington on
Q: Family court judge awards claimed missing wages from ex- C.I.R. for helping at the time in my LLC business.

In trial the judge referred to request for wages as irrelevant in this case and we moved on. Now the judge is has my exhibit with false testimony in the judgement?

Is owner of LLC able to be sued for this, or did judge make a mistake. The judge also failed to address the wedding set return... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jan 31, 2023

As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
Read more »

0 Answers | Asked in Appeals / Appellate Law and Small Claims for Texas on
Q: If the defendant in small claims court appeals judgment, does plaintiff have to go through appeal or can he/she dismiss?

If I (plaintiff) file a small claims lawsuit against HOA for dispute and win judgement, then HOA/defendant appeals judgement, can I (plaintiff) dismiss suit that’s on appeal (I.e. no longer pursue lawsuit)?

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: What would be the proper remedy for a case that was not heard on all grounds in the trial court on a motion for new tria

On a motion for new trial. After its been through direct appeal and habeas corpus proceedings?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

0 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Arbitration / Mediation Law for Utah on
Q: I need a video mtg to discuss a settlement which my lawyer recommends be reviewed. No mediation done, ex hid assists ect

Settlement was while under duress in California 2017. I am in a Utah now and

need to appeal unfair settlement

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: A person is charged with CRS 18 – 3–102(1)(a) and C.R.S 18-3-102(1)(b) and is found NOT GUILTY of C.R.S 18-3-102(1)(a),

how ever being convicted of 18-3-102(1)(b) but never charged with an underline felony (robbery) is it legal or can it stand as is?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Is there a statue of limitations for suing for violation of civil.rights?

Maliciously prosecuted by the catholic church and a priest and his lying church member.

Prosecuted with no evidence.

Found not guilty. cruel. they lied. I have proof.

Louis George Fazzi
Louis George Fazzi
answered on Jan 23, 2023

Yes, the statute of limitations for your action is 2 years from the date of your injury.

You should immediately consult a good civil rights lawyer to make sure you don't miss the deadline to file your lawsuit. In your case, the date the statute of limitations began running is complicated.

0 Answers | Asked in Appeals / Appellate Law, Banking, Business Law and Civil Litigation for Michigan on
Q: Hi, Businesses stolen,Identity theft ,Cars stolen, Need appellate attorney for federal court

Wrong judgements were taken against me

Former partners involved -

Another investor killed

All discoveries done

Filed a police report aswell

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: I am trying to sue the county prosecutor office. I was told to amend my complaint? How do I amend my complaint?

Who do I list as the defendant? If the county Departm is who I going after

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

You amend a complaint by filing a new document titled Amended Complaint with the changes you are making. If suing the prosecutor, one would generally sue the elected individual in their representative capacity, and if alleging malicious wrongdoing, in their personal capacity as well, along with any... Read more »

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