Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More
answered on Jan 4, 2024
In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.
Firstly, gather all... View More
The older age was due to a two-year delay due to COVID-19. How do I appeal for this?
answered on Jan 4, 2024
Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.
THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More
answered on Jan 2, 2024
To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More
If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable
answered on Dec 29, 2023
Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals,... View More
in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging... View More
answered on Dec 23, 2023
In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your... View More
What is the higher court than the court of appeals? Supreme court?
answered on Dec 21, 2023
Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme... View More
answered on Dec 20, 2023
To open a case in the 9th Circuit Court of Appeals as a pro se litigant, you must first have a case that has been decided by a lower court within the 9th Circuit’s jurisdiction. The 9th Circuit handles appeals from federal district courts in several western states and territories.
Begin... View More
in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,
has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More
answered on Dec 17, 2023
Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:
1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue... View More
My boyfriend is in Calipatria state prison in Calipatria CA and he need guidance to appeal his sentence. His information is he has done 5 years already. I stay in Inglewood CA. Please if you can help him or send him any information that will help him come home to his family soon his mailing address... View More
answered on Dec 14, 2023
In California, to appeal a criminal sentence, your boyfriend needs to file a Notice of Appeal with the clerk of the court where he was convicted. This is a crucial first step and must be done within a specific time frame, usually within 60 days after the sentencing in a California state court.... View More
What is the best thing to do
answered on Dec 10, 2023
Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More
I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if... View More
answered on Dec 8, 2023
Here are a few key points to consider for your small claims appeal trial de novo:
- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.
- However, you can... View More
Petition?
answered on Dec 7, 2023
In a habeas corpus case at the federal level, if a district attorney fails to meet the deadline for filing an answer to the petition, there are several potential outcomes:
Extension Request: The district attorney might request an extension from the court. This is common if they need more... View More
So I had grounds for a mistrial due to some thing a witness said that was supposed to be excluded, but I have many reasons to add due to inadequate representation of counsel that I expressed to my lawyer, three separate occasions before verdict and b4 sentencing, I provided a list of not just... View More
answered on Dec 6, 2023
If you have concerns about inadequate representation from your lawyer during your trial, you have the right to address those issues. You can reach out to your lawyer's office and request a meeting with them or their supervisor to discuss your concerns about the appeal. It's important to... View More
I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More
answered on Dec 3, 2023
You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More
To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?
answered on Dec 1, 2023
Hello Irene,
In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly.
First,... View More
Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved
answered on Nov 29, 2023
In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of... View More
When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More
answered on Nov 27, 2023
In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More
I was found guilty, I need to appeal ASAP but the holidays have wasted much needed time. My question and concern is....
Hypothetically, Lets say I get jail time..
1. Do I go into custody right then and there? I mean obviously.. I don't know but I don't want to court... View More
answered on Nov 25, 2023
In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll... View More
I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised... View More
answered on Nov 24, 2023
I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step... View More
The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?
answered on Nov 24, 2023
In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.
In the scenario you... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.