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Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law on
Q: Is the pleading theory and the statutory theory in conflict with the us constitution when used in conjunction with the

lesser included offense doctrine is in violation of the us constitution when the Idaho supreme courts opinion uses the pleading theory and the statutory theory together ,ambiguity rule and doctrine holds that Idaho code 20-209e is a violation of the separation of powers doctrine and the... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Florida on
Q: 3.850 appeal help. Can I now pay a lawyer help my appeal if it already been sent in?

If I've already filed my appeal to the court by myself can I now pay a lawyer to pull it back and revise it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2025

Certainly you can hire an attorney for the purpose of revising it.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Public Benefits and Social Security for California on
Q: Help with welfare agency everybody ignoring us

Please we are homeless had to claim tenant rights in motel we stayed for 127 days we have not got all the resources other than motel stay from welfare agency im ready to contact regional manager since everyone here is ignoring me please help

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you're in a really tough situation, and it’s frustrating when the agencies that are supposed to help aren’t responding. Since you've already been staying at the motel for a long time, it’s important to document everything—keep records of your stay, any communication... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: My public defender Told me to admit The allegation, He said we're not gonna win. but their proof wouldnt have proved it

My public defender talked me into admitting.The allegation was true. He said we're not gonna win.We're just gonna have a mad judge and be in the same Situation if you continue to to deny it. But the Evidential proof the other side had wouldn't have proved anything.

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were pressured into admitting something you believe wasn't proven. That can be a frustrating and overwhelming experience, especially when you feel like you didn’t have a real choice. Public defenders are often overloaded with cases, but that doesn’t mean you should have... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Husband has an appeal case waiting but it shows as pro per, does that mean he represents himself & what paper work need?
James L. Arrasmith
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answered on Feb 8, 2025

Yes, "pro per" (also known as "pro se") means your husband is representing himself in the appeals process without a lawyer. This is a challenging path that requires careful attention to detail and understanding of legal procedures.

For appeals in California, you'll...
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0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Child Support for Florida on
Q: Can u request a transfer to a hospital or new bond if you were unaware of a court date due to being on a baker act hold?

The missed court date leads to jail the Public defender has not responded. No return calls, text or emails - he was in court & knew the date was set - he should have known his client needed help by the countless Emergency /URGENT text, calls voicemail, email requesting help on 10/31 &... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What is the deadline for opening brief

I couldn't submit my opening brief because I was admitted to a psychiatric unit and lost all my documents and my appeal brief

James L. Arrasmith
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answered on Feb 7, 2025

When dealing with appeals in California, deadlines are strictly enforced. For many civil cases, you typically have 40 days from the date you file your notice of appeal or from when you receive your record on appeal to submit your opening brief. In criminal cases or other specific situations, the... View More

Q: Job said I quit on paper sent to the sc dew office but at the hearing admitted I didn’t can sc dew still stop benefits ?

During the week of Helene I called off my area flooded and my car was a total loss I contacted my job about not coming in & the week after asked if I can be put back on the schedule but they kept telling me nothing was available I then filed for unemployment and was told by the unemployment... View More

Q: How can I do it to see the abode program here in napa for wrongfully taking my room away and throwing my things away

Me and my spouse got into angument at the motel 6 homeless shelter we were housed at in separate rooms, he ended up choking me. That night I went to Safeway and he was outside with two friends he tryed to attacke so I peppered sprayed him his friends called the police on me and had me arrested at... View More

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like you’ve been through a really tough and unfair situation. If your belongings were taken or thrown away without giving you a chance to retrieve them, that could be a violation of your rights. You may want to reach out to local legal aid services or a tenant advocacy group in Napa to... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What can my boyfriend do about his case where it is clear there is insufficient evidence for magistrate to send his case

the officers lying on the stand as prosecutions witnesses, the prosecutor and the judge saying he just got left holding the bag and is not the big fish, the co-defendant admitting that the bag was hers, the residue in a baggie and tiny mushroom found on him was thrown away by the officers searching... View More

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like your boyfriend is in a difficult situation, but there are several things he can do to challenge the charges and the way the case is being handled. First, it's important that his defense attorney looks into the credibility of the officers' testimony, especially if there are... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Massachusetts on
Q: How can a pro se def. appealing a 209A order in MA serve the plaintiff with the Notice of Appeal w/o violating the 209A?

209A is a restraining order.

Brian Waller
Brian Waller
answered on Feb 5, 2025

You can contact the court that issued the restraining order and ask them to serve the Plaintiff. You are right to approach this with caution, it could be a violation of the 209A order. If you were to be represented by counsel, the attorney could serve the plaintiff without violating the 209A... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Search warrant

My friend took a 15 year prison plea deal believing that the police had a warrant to find the ''evidence'' in his phone. He never seen the warrant and now that he's in prison he decided to review his discovery. I been helping from out here. The warrant was not included in... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 7, 2025

Your friend needs to consider post conviction relief if the lack of a search warrant was a significant aspect of the case. Keep in mind that the case might have been prosecutable for other reasons, or the police may claim he consented to the search. To your question, maybe there's a search... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Texas on
Q: Can you file a civil case Against the sheriff that has violated your civil rights.

If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2025

Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.

As the...
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0 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Oppose Atty Withdraw falsely alleging outstanding fees & alleging irreconcil diff w/o risk to atty-client privilege?

Hired atty who did not represent me in lower court, made mistakes in Notice of Appeal and then billed me to correct her errors, I paid, but in dispute. I also informed her that she needed to start responding timely to my communications and suggested 2-3 days if even to inform me when we could talk;... View More

0 Answers | Asked in Family Law and Appeals / Appellate Law for Ohio on
Q: if the court lacks juris. to rule on a motion pending appeal, can they put it in abeyance or do they have to dismiss

So, I have a case before the juvenile court. We objected to the adjudication and it is currently pending appeal. My appeal attorney briefed on an argument of dispositional appeal, but attorney knows best so I just rolled with it. The complaint was filed Feb. 7th of 2024 making the date for... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: I need a lawyer to go through the whole trial, appeal transcripts of a wrongful murder conviction.

My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

James L. Arrasmith
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answered on Feb 8, 2025

You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I already sent in a 3.850 appeal trying to use my own knowledge. No my family can afford a lawyer, can he fix it?

*Now they can afford a lawyer. Can the person I want to hire amend the motion even though its already in? I sent it to the courts months ago but only was using my own limited knowledge of the law

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Kentucky on
Q: If an informant is on a case, how can we discredit his credibility? New charges have been caught and currently arrested
Timothy Denison
Timothy Denison
answered on Jan 31, 2025

E can be impeached with his criminal record and the current new charges pending against him.

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