Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I am looking for help with a child custody/guardianship case that technically has closed in May of 2024, however an appeal has been filed so there will be an upcoming court date. I am looking for advice on what steps to take and how I can expedite this process, as the appeal is not progressing.... View More 
my 21 yr son went to jury trial that lasted 2 days,they gave him 82 years for child molestation to my grandchild he is not gulity. jason swinddle carrollton ga was our lawyer he did nothing. we filled for new trial,granted new date dec. 17 2024. just found out moved date to feb 25 2025.want to file... View More
answered on Dec 4, 2024
A Georgia attorney could advise best, but your question remains open for over a week. It's going to be difficult for anyone to respond to your request for an attorney here. This forum is limited to brief Q & A. You're going to need to reach out to law firms on your own. You could... View More
What are my options
answered on Nov 5, 2024
You can do post-judgment interrogatories to determine what, if any, assets they may have (i.e. personal property, bank accounts, earnings, etc.) so that you can seize the asset or garnish bank accounts and/or wages to satisfy the judgment.
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answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
Or what he bases his belief off of?
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answered on Oct 25, 2024
If the affidavit attached to an arrest warrant doesn’t explain why the officer believes a crime occurred, it can raise serious concerns about the validity of the warrant. An affidavit is meant to provide the factual basis for the officer’s belief, demonstrating probable cause. Without this... View More
The above case is similar to mines jeopardy attached to my case just like in Herrington's case during my first trial I had a mistrial the state investigator got on the stand and the judge declared a mistrial similar to herrington's.on retrial the state added charges as well like... View More
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answered on Oct 9, 2024
In your situation, the principle of double jeopardy is central. Once jeopardy attaches during your first trial, the government is limited in how it can proceed if a mistrial occurs. When the state investigator testified and the judge declared a mistrial, jeopardy attached, preventing the state from... View More
at trial on armed robbery, kidnapping, home invasion charges, but found guilty on criminal intent to commit a felony. He's been locked up for 58 months and just recently offered time to serve for a guilty plea on appeal for the criminal intent charge, which he declined because the state... View More
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answered on Aug 31, 2024
In your situation, it's crucial to seek an experienced civil attorney who can help you navigate the complexities of a malicious prosecution case. The fact that the state admitted to wrongdoing is significant and could play a pivotal role in your case. It's important to act quickly, as... View More
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answered on Aug 31, 2024
It sounds like you’re dealing with a complex legal situation involving past incarcerations and possibly a banishment order, which you might not fully recall. If you were expedited or banned, there could be documentation that explains these actions, possibly linked to specific legal proceedings or... View More
File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More
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answered on Aug 15, 2024
When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More
I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation
answered on Jul 3, 2024
As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More
Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?
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answered on May 19, 2024
If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More
And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?
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answered on May 1, 2024
If your appeal was denied by the court of appeals despite presenting evidence of misconduct in the juvenile court, you might feel understandably frustrated. However, you still have some options. Firstly, consider requesting a reconsideration from the same court of appeals, if this is permissible... View More
What can I do about this?
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answered on May 1, 2024
If you believe there has been misconduct or errors in your case handled by the court of appeals or juvenile court, you have several options. Firstly, you may consider filing a petition for reconsideration in the same appellate court to ask the judges to review their decision, pointing out the... View More
Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me
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answered on Mar 29, 2024
Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More
Can I do that in person at this time or do I need an attorney to do that but it must be done right now today
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answered on Mar 31, 2024
If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:
1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should... View More
I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?
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answered on Mar 31, 2024
I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:
1. Go to the clerk's office for the court that issued the dispossessory order (in this case,... View More
The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More
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answered on Feb 4, 2024
In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.
Firstly, the attorney should... View More
My brother was denied appeal last month we I want to know can he put in for a sentence reduction
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answered on Nov 12, 2023
Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence.
It's... View More
i was told by the court appointed attorney that all i would have to do is consent to a psychological and couples counseling, the court would oversee the progress, my daughter would remain with us, case closed with completion. fast forward to the hearing: girlfriend and myself appeared via zoom to... View More
answered on Oct 30, 2023
You should get an attorney who represents parents in juvenile cases to represent you. I fear you're going to have a very hard time getting your child back representing yourself.
Customer won civil trial in his statement of claim the 3 issues he filed suit for I have direct proof they are lies in the form of his own texts messages to me before suit was filed. Purgury is lying under oath. I did not pay court ordered money. On 9/10/23 deputy sherrifs came to my house... View More
answered on Sep 10, 2023
If the customer won the civil trial, you are now precluded from contesting that judgment other than by means of an appeal. Presumably the text messages providing direct proof of the lies were offered into evidence by your attorney at that trial. If not, why not? They’re not newly discovered... View More
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