Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law for Georgia on
Q: Is their a attorney willing to attach direct link to open & print out the Appeals forms to submit Brief to Appeal Court

Is their a Appeals attorney nice enough that's willing to attach direct link to open & print out the Appeals forms to submit Brief to Appeal Court Downtown Atlanta On Capital Ave.? From my understanding 20 days to submit from the date of docket including weekends. Or attach forms and I... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: How do I go about filling for a de Novo hearing in the state of Georgia

My brother has a life sentence in Georgia. But he's found it in the OCGA where it states that the judge that sentenced him in his plea, didn't have jurisdiction to accept the plea much less sentence him. Which makes his entire sentence illegal. My brother didn't have a jury in the... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Georgia on
Q: If plaintiff wins a judgment and defendant refuses to pay and appeal is denied and defendant still refuses to pay.

What are my options

Sabrina A. Parker
PREMIUM
Sabrina A. Parker
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.

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: If my case was Vacated and Remanded wasn't the appeal suppose to send papers to the courts? To Schedule me on a docket.

It's been 4 years still haven't been on the docket. Appeal case #A19A2175

0 Answers | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Civil Rights for Georgia on
Q: Dcfs said I worked at a store that got robbed and didn't show up for work the day off.

This is a lie. I never worked there. EVER. I didn't know they said this til after my rights were terminated and I asked for my file for a appeal. What should I do? This was in Seminole County Georgia.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: "Rendering a portion of the body useless" is an essential element of agg. battery. What cases definitively state this?
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: If affidavit attached to arrest warrant does not provide information on, why officer believes this occurred?

Or what he bases his belief off of?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: 726 S.E.2d 625 (2012) 315 Ga. App. 101 HERRINGTON v. The STATE. Need help explaining this case very similar to mines

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Georgia on
Q: Seeking a civil attorney for a malicious prosecution case in Gwinnett County Superior Court, a man was found not guilty

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Consumer Law, Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I don't recall the banishment but I've been incarcerated several times expedited once and bandbut Rule#14 days it
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Georgia on
Q: What can I do if the judge in my divorce denied all my pro se motions stating only they were meritless/mute?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia on
Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I do about the court of appeals denying my appeal when the juvenile court had Misconduct and erred my case?

And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Juvenile Law for Georgia on
Q: What can I file if the court of appeals and juvenile court Misconduct and erred within my case? What can do?

What can I do about this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Family Law and Juvenile Law for Georgia on
Q: How do i initiate recusal of an acting Juvenile Court Judge whom violated my civil rights and is extremely bias and init

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: I'm trying to file an appeal on a rid of possession eviction order at courthouse now fixing to walk in Magistrate Court

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Georgia on
Q: Did you read a possession there's issued yesterday I was late to court ,can I file appeal in person today at courthouse?

I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.