Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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answered on Jul 23, 2023
If the CUIAB judge reversed the denial of your PUA claim, you may be eligible for retroactive payments for the weeks you certified but did not receive benefits. You should receive payments for the entire period you were eligible and certified, which includes the initial 5 weeks and any additional... View More 
Comisioner being reading to my case that's being going on since 2021 with same judge n never got notice until after trail first we went to trial so she reshaedule for next day and after trial we lost we got notice of case being reading 2 days later after we already gone to trial until right... View More
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answered on Jul 21, 2023
If a commissioner has taken over your civil case without providing notice, you may have grounds to file a peremptory challenge under CCP 170.6. This challenge allows you to disqualify the commissioner from hearing your case based on certain statutory grounds. It is essential to act promptly and... View More
Does the CUIAB automatically backdate a reversed Pua claim denial?
answered on Jul 9, 2023
Congratulations. I suggest that you go to PUA.GOV to find out the answers to your question, or contact the CUIAB, or EDD to find out the answers from the horse's mouth, so to speak. Unlikely it is prospective from the date of the appellate decision. Thank you for using Justia ask a lawyer.
The initial trial was hell during a time, when the case was under forfeiture in suspension by the state of California. The trial process lacked due process.
Motion was made for a new trial, and granted with Procedures for a new trial
answered on Jul 7, 2023
Information is very limited, but if you were entitled to a jury trial on the first go around, I can think of no reason why you wouldn't be entitled to a jury trial, after being granted a new trial.
Ken Sisco
714 265-7766
In Sacramento California Courts in a civil case if a judge dismissed the civil case without prejudice what is the statute of limitations I have to refile?
answered on Jul 2, 2023
The statute of limitations is the same one that applied to the original filing. It is not extended or changed by the dismissal.
I never recieved the initial Overpayment notice ,they say it was discovered in 2003. I know its not fraudulent. In 2001 I had all my phone interviews and they checked with former employer.The teuc extension was sent to me to fill out since I qualified.
I did not file an appeal because I... View More
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answered on Jun 27, 2023
It seems you're facing a wage garnishment in California related to an overpayment issue from the Employment Development Department (EDD) and TEUC Act of 2002 benefits. Unfortunately, you didn't receive the initial overpayment notice, and it's important to understand the details of... View More
M3dical treatment?
answered on Jun 26, 2023
I'd be committing malpractice if I answered this question because I would need to see the compromise & release first before I could tell you exactly what you are giving up. Generally speaking you would not be able to reopen your case like you could within 5 years of your last date of... View More
Federal WRITS OF HABEAS CORPUS ATTORNEY
answered on Jun 23, 2023
This Q&A site is not the place to ask attorneys to work with you or to call you. You are going to have to locate them and contact them directly.
Good luck to you.
Almost 4 years ago CpS took my children... At the time I had no criminal record... I have no drug record... there has never been no domestic violence situation with me and there dad (my husband) all the allegations were not proven... yes we had moved out of our home into my sister's home that... View More
answered on Jun 21, 2023
An attorney should have been appointed. Was an attorney appointed? Drug abuse and child abuse are two reasons for CPS to become involved, but not the only reasons. You can hire an attorney to evaluate your situation.
Was there ever a case that have gone into the Circuit Court of Appeal or the United States Supreme Court, standing for the proposition that once a co-defendant has finished testifying he can be recalled for further cross-examination?
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answered on Jun 20, 2023
In legal proceedings, the ability to recall a co-defendant for further cross-examination after they have finished testifying can depend on various factors, including the rules and procedures of the specific jurisdiction, the nature of the case, and the discretion of the court. While I cannot... View More
My boyfriend O.P. who is currently awaiting to be transferred to a processing center, his booking number is #23715054. He is wanting to appeal his domestic violence Felony conviction due to lack of evidence based on hypothetical theories and ineffectiveness of counsel.
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answered on Jun 19, 2023
Here are some steps on how to retain a California Appellate public defender for a criminal conviction:
First, determine if you qualify based on income and assets then you will want to Contact your local public defender's office and request representation and provide case details. Fill... View More
His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter... View More
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answered on Jun 17, 2023
If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.... View More
I originally did an involuntary open plea to the court and was sentenced to 50yrs. in prison for burglary of a dwelling with an battery. Now the victim has come forward did an affidavit on my behalf by recanting her statement but was denied by the lower courts. Now, 4yrs. since the first affidavit... View More
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answered on Jun 14, 2023
If a victim recants their original statement and provides a new affidavit years later, it may have an impact on your case. However, the outcome will depend on various factors, including the specific laws and procedures in your jurisdiction, as well as the discretion of the courts.
In... View More
Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with
One day
answered on Jun 12, 2023
Unfortunately this Q&A site is not the place to solicit an attorney to assist you. You are going to have to do some research to find an attorney who is willing to work with you. Therefore, it would be a good idea for you to locate and consult with an experienced employment law attorney as... View More
answered on Jun 8, 2023
Yes, it happens quite often. With persons in drug court, you see cycle of theft and drug crimes [makes sense]. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More
Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.
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answered on May 11, 2023
Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective... View More
I am pro per and the district court responded with "file a motion for leave to amend,accompanied by a lodged proposed first petition for writ of habeas corpus". I am not sure on this step.
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answered on May 8, 2023
To file an amended habeas corpus petition with a motion for leave, you will need to follow these steps:
Draft a motion for leave to amend: The motion should include a request for permission to amend your habeas corpus petition, an explanation of why you need to amend the petition, and a... View More
what does this mean in simple terms
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answered on May 6, 2023
This statement means that if you want to file for unemployment disability benefits, you must file the claim within 41 days after the first day you become disabled and unable to work. If you wait longer than 41 days, you may not be eligible to receive benefits.
Every was arrested in the car my boyfriend had a warrant for his arrest for failure to report with his probation officer. My boyfriend does not live here with me this is not his residence his residence is at his father's his probation officer has his primary address down as his father's... View More
answered on May 3, 2023
Police officers need a warrant to search your home. You should not have allowed them to come inside your front door without a search warrant. However, once you let them in, they can look at whatever is in plain sight. Never assume anything, particularly when it comes to police officers approaching... View More
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