Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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
His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?
answered on Aug 13, 2023
Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More
My attorney withdrew at my tpr hearing but right were terminated. My kids attorney had excused absence. My kids were taken by cps because I kept reporting that I was domestically abused. I tried to flee abuse by moving to a different state where he located me 2 weeks after I arrived. Then, cps... View More
answered on Jul 26, 2023
I would advise you to have a consultation with an attorney. This isn't a place where you can get information on complex issues regarding a case that has already been adjudicated. See a lawyer in person and I would take a copy of my file with me.
And can I raise this in a second habeas corpus
answered on Jun 16, 2023
There is no "conflict of interest" when a trial attorney handles the appeal.
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answered on May 21, 2023
Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
https://scholar.google.com/scholar?hl=en&as_sdt=4,11
answered on Jan 15, 2023
You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.
answered on Nov 7, 2022
I assume it is an exhibit / affidavit for a motion to dismiss the appeal.
I filed many times teying to get thr Judge to respond. Is this action by the Judge legal?
answered on Oct 16, 2022
I regret that your question did not contain enough information to formulate an answer. For example, what is the case about? You said you have filed your "arguments"--that still does not give me enough information. And can you appeal--still not enough information...
answered on Sep 30, 2022
In and of itself, I don't see there being a problem with a juror being an old classmate of the judge. The primary consideration for a juror to be seated is whether or not he/she is able to be fair and impartial under the present circumstances. If the juror was an old classmate of the... View More
Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... View More
answered on Aug 18, 2022
If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... View More
The landlord's ledger of my payments is an e-file. The judge said that the final decision would be based on that ledger. Can I view it too?
answered on Jul 26, 2022
You should be able to view the entire record, including materials from the other side.
answered on Apr 12, 2022
Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... View More
How long does this process take the district court to do this? Is the psr always redone
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answered on Mar 10, 2022
It all depends on why the resentencing was ordered. If it has to do with information in the PSR, such as guideline calculations, then the PSR will be revised accordingly, although the presentence investigation is not redone in its entirety.
- Law Office of Joseph Abrams, Anaheim, CA
Pertaining to OCGA 24-14-8. The question is what exactly am I looking for to determine if the accomplice corroboration charge was or was not included into my jury instructions
answered on Feb 2, 2022
You can purchase a transcript of the trial proceedings or a portion of it. The jury instructions would be included.
For more information visit my website at www.LevinLawyerGa.com
answered on Jan 5, 2022
First of all, I am not a GA attorney. That being said, if this was a criminal proceeding, you have 30 days from sentencing. Regardless, it's 30 calendar days not 30 business days for an appeal. You could still file a motion for new trial with trial court, however, that motion --generally--will... View More
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