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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: attempted murder adding and abetting. the Kill zone theory and the natural probable consequence ( are the same?for 775

Can the kill zone theory ( error)

Apply for sb 775 if so how?

John Karas
John Karas
answered on Jun 9, 2022

If you were the defendant, charged and convicted of the attempted murder/aiding and abetting the same, ask your lawyer.

If not, read SB 775. It provides a mechanism for filing a petition to have the conviction modified provided it is not final to challenge the its validity by appeal to...
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1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Where can I find a pro bono criminal appeal attorney to take my husband's case
Dale S. Gribow
Dale S. Gribow
answered on May 31, 2022

I WOULD START BY ASKING THE LAWYER WHO REPRESENTED HIM IF HE KNOWS ANY IN YOUR COMMUNITY.

DID YOU ASK THE PUBLIC DEFENDERS OFFICE?

2 Answers | Asked in Appeals / Appellate Law and Federal Crimes for California on
Q: I have filed an an ineffective assistance of Counsel on my federal case. What happens next
Vikas Dhar
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Vikas Dhar
answered on Apr 4, 2022

It all depends on what type of document you have filed; is it a 2255 motion? If so, then the court will docket your motion and allow the government and your attorney sufficient time to respond. Depending on the nature of your claim, the government (or the court itself) might reach out to your... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: what is a remittitur ? Issued by an appellette court?

Asked the appellete court to review my case and certifiy it. In California. Not sure what is a remittitur? I lost and don't know how to appeal. There is no help for appellete court.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A California attorney could advise best, but your question remains open for three weeks. In general, a remittitur is court ruling to reduce the dollar figure for damages granted by jury. It comes up in civil cases (example - bringing down the award in a personal injury case).

If you are...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I was charged with willful deliberate premeditated attempted murder on a peace officer

I was convicted of attempted murder without premeditation on a peace officer. Is that second degree attempt murder?

Dale S. Gribow
Dale S. Gribow
answered on Feb 8, 2022

much more info is necessary.

if you were convicted, then you had a lawyer.

that attorney has all the info and is in the best position to provide an accurate answer.

most lawyers are honest with their clients.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I'm a parent I need to talk to an attorney they specialize in murder cases please
Joseph Abrams
PREMIUM
Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2022

This forum is designed to ask general legal questions and not so much to hire an attorney. My advice is to research attorneys based on your needs and the skills and experience of the attorney.

- Law Office of Joseph Abrams, Anaheim, CA

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Q: How do I stop the community, cable company, and the city from targeting me out with an active denial system?

I have been and am currently still being targeted out by the community, city, and more specifically my neighbors with an active denial system. It sits on the wires out back and I found the patent to it. I don’t trust the police. Was wondering what my options are?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 3, 2022

Unless you are seeking to obtain a patent on a similar system or invalidate the patent for the existing system, this is not a patent issue for a patent attorney.

I hope that you find what you need.

Kevin E Flynn

Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich
answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... View More

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1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder
answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... View More

Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow
answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: No DNA still convicted what can I do now State Appeals are done. Thx
Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2021

MORE INFO IS NEEDED.

TO HAVE GOTTEN THAT FAR YOU MUST HAVE HAD A LAWYER AND THAT IS THE PERSON WHO WOULD HAVE ALL THE INFO YOU HAVE LEFT OUT.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Any pro. Bono lawyers too file a Habaus corpus please.
Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2021

as you probably know there are lawyers that will occasionally do pro bono work but it is not like a court appointing a public defender in a criminal matter.

there is no guarantee a lawyer would be willing to take on a case for FREE.

IT IS OFTEN A MATTER OF THE ISSUE AT HAND AND THE...
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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... View More

Joseph Abrams
PREMIUM
Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
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1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: I was notified that i would receive a civil demand but i haven’t gotten anything in the mail? should i be worried?

i also have a court date on october 29th

Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

Be sure to go to court on October 29, or the Court can rule without you. This does not appear to be an Appeal or Civil Rights case. Contact the people that notified you about the civil demand to see what the status is.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: HOW TO SET ASIDE JUDGMENT THAR WAS FILED IN SMALL CLAIMS COURT ON APRIL 2017 I JUST FOUND ABOUT IT

THE ABSTRACT OF JUDGMENT HAS MY OLD ADDRESS

Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

Your question is about setting aside a 2017 judgment in small claims court, because you just found out about it. "It" could mean the judgment or the SC case and the situation is different depending on which "it" you are speaking about. Assuming that the judgment was entered by... View More

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