Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I want to file a motion for discovery but I have filed a notice of appeal. Should all contact be cut off while undergoing the appeal or should I still file the motion for discovery?
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answered on Oct 31, 2017
There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be... View More 
Just got a verdict against me in a rear end car accident , where my car was totaled. The opposing attorney entered closing statements that should not have been said, but was and this dissuade the jury against me. Is there any way I can get an appeal against this verdict?
answered on Oct 9, 2017
You had an attorney I assume. Not clear if you were plaintiff or defendant. Most states have an appeal as of right. You have a certain number of days to appeal and may have to file a request for new trial first.
The way the case reads is that the person that did the examination on the evidence was fired. It doesn't say why or even when if not during the case. The evidence was never checked and the jury gave a verdict that was concluded...."This is a conviction in Georgia". The case stated... View More
Even if the judgement rendered was against Ga law
answered on Jan 13, 2018
Yes! Until it is reversed on appeal the trial court's order is in full force and effect.
I applied for my WCL in the state of Georgia, and i was denied for the history pulled indicating a Battery (Misdemeanor), Disposition: Informal Probation; Additional Information: "Need final disposition and police report, possible domestic violence."
I do not recall this event. I... View More
answered on Aug 28, 2017
Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.
If you need further information, visit my website at www.LevinLawyerGa.com.
I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from... View More
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answered on Aug 14, 2017
Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
The probation officer will not comply and find me a location to do my hours the place he is trying to make me do them says they do not do them. He also stated he would have me locked up if I didn't have 16 of them by monday. I have 4 months of probation left and only 40 hours or service . i... View More
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answered on Jul 21, 2017
If you had an attorney, get his or her help to take the issue back before the Judge, as to your efforts to do as told, but impossible. Rural communities have far fewer community service alternatives.
The conditions of probation typically must be done long before the end of probation. I... View More
mediation was one week prior to court. last week was a hearing for temp support. at mediation I signed papers, after 5 hrs of mediation. I couldn't read the papers or concentrate. chemo and radiation, also with stress makes me tired and I get confused. lack of retaining info. att. said the... View More
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answered on Aug 4, 2017
This one is a huge mess, and it sounds like the lawyer you hired needs to answer these questions. Once a decree is signed, typically some "change of condition" is what is needed to justify a new court determination. That is not what you have described here.
Be aware that if you... View More
My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... View More
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answered on Aug 4, 2017
Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a... View More
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answered on Aug 15, 2017
The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.
Some pre-trial motions and exhibits do not get transcribed. So, that... View More
The backend of my truck fish tailed upon taking a turn. There were no pedestrians nearby. No one was injured. There was no property damage. I was fully cooperational. I didn't argue, or cause any trouble at all, yet I was arrested, and my car was towed. I just got done posting bail at... View More
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answered on Aug 4, 2017
Under a US Supreme Court case, Atwater v. City of Lago Vista, an officer CAN make an arrest for a misdemeanor traffic offense, but (for this one) that is not common.
It sounds like this officer did not like you. Don't know why, but he/she did not, but likely the arrest video will help... View More
Accident occurred in turning lane. 1st party was idling, waiting to clear the turn lane. 2nd car was driving in the turn lane, more than 300 ft from her turn, crossing over 1 lane of traffic. Distance was verified at 345 feet. I was cited for the ticket. GA code 40-6-126
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answered on Aug 15, 2017
All police-issued tickets are based upon the officer's OPINION about what happened, and what was done. Then, a criminal defense attorney investigates and seeks to exclude illegal evidence or to refute the alleged facts.
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answered on Aug 15, 2017
You will likely need to contact the attorneys in the case. Only certain cases have briefs available through Westlaw, which is an expensive service. Plus, this process for retrieval of briefs is new, relatively. Not all supporting legal papers are available, online.
Can a convicted defendants still file for motion for reduction of sentence after filling a direct appeals
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answered on Aug 15, 2017
That procedure used to exist, but the Legislature no longer has that law. Before, a panel of other Superior Court judges would evaluate the person's case, prior record, versus the sentence handed down.
If no appeal was timely filed, within 30 days, uour best best is (within the first... View More
The defense attorney brought up an old self defense charge, that was dismissed 10 years earlier, during a trial that relied mostly on character evidence despite putting in a motion of limine (at the request of the defendant) specifically requesting that this non indicted charge remained off record.
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answered on Aug 15, 2017
This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.
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answered on Aug 15, 2017
Yes, from an analysis of other similar cases, from the Clerk of Court. Some are fully automated, and some are not.
I want to file an appeal, but don't have the order. The opposing party drags their feet and it appears I only have 30 days to file appeal in ga?
Need to know what to do, as the other party has unclean hands.
answered on Jan 21, 2017
You can get a copy of the court order from the clerk's office.
He won his hearing based on the fact that the employer didn't meet the burden of proof regarding warnings and Strikes because they claim there was a three-strike policy. The hearing to place over two days and his former employer did have an attorney. The boss did talk with my husband once... View More
answered on Aug 4, 2016
Hart to say--it depends on the adjudicator, how they felt. If he gets an employer decision then check with Ga.Legal Services/Legal Aid.
where is the case law. to look up case for my case.
answered on Sep 20, 2015
The case law is in the law library. You file a motion for reconsideration with an experienced appellate attorney in your area.
Lost case at superior court level. Many untrue statements were made against me? I had no attorney but is now searching one.
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