Also in a case of jury tampering, where a juror told two other juror about being approach outside court room about finding defendant guilty. do the judge have to do an investigation questions all jurors whos involved or could the judge just bring out all jury member and not question them about the... Read more »
You're not going to get the plea deal back. The time to accept the plea deal was before the jury sat down and was sworn in. Once a trial starts, you're in it for all the marbles.
Jury tampering is a separate issue, and will need to be addressed on appeal possibly. From the... Read more »
no factors has a criminal history I was shown to be unfit, unwilling, or unable. no evidence of abuse or neglect. I have all proof but never got to show because I NEVER got my hearing my daughter is being neglected educ,med,emoti, and emotional and psych abuse by alienating me almost to... Read more »
You need to focus your arguments on what is happening now; not what happened or didn't happen five years ago. Perhaps the first step should be filing a motion to change parenting time. Your argument isn't whether supervised parenting time should have ever been in place, but that you no... Read more »
Appeals generally turn on some legal error. Questions of fact or credibility of witnesses is for the trial court to determine. If there is a legal error and a question of fact, the remedy is usually a remand (send back) to the trial court for either a hearing or new trial.
An appeal is... Read more »
Cps threatened to have kids removed, foster care worker lied, refused services, added heresay statements on record, denied parent access to children for medical, dental, and school appointments
For the uninitiated, you will find "threats" mean something different in the legal world. When CPS (or police, prosecutor, attorney) says "if you don't do this, I'll do that"...and the "that" is something lawful - meaning under the law, they, or a judge, can... Read more »
It was due to traffic stop and an supposed to be chemical drug test refusal which I just didn't understand
What is your question? It sounds like you got an implied consent violation. When the police suspect you of drunk driving, by virtue of you driving, you consent to a chemical test - which is usually a breath test administered at the jail or police station; not the one done on scene by the police,... Read more »
My disabled husband was arrested for DUI and took a plea to a lesser charge because it seemed like all he could do. He took the plea with the understanding that it would not prevent him from using medical Marijuana as a brain tumor patient. The judge in lapeer County is not allowing him to use... Read more »
That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.
While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial... Read more »
42 days to request appointed counsel. 56 days to file a claim of appeal following a trial. 6 months to file an application for leave to appeal following either a plea or a trial. An infinite amount of time (no time limit) to file a post conviction motion for relief back in the trial court if you... Read more »
Hes been flopped twice but has no additional incidents or any violent crimes. I am in Muskegon, MI he is in Baraga Correctional Facility we filed mandamus and need excellent representation
Has he completed all his programming? And when and what were his prior incidents? Is he in for a sex offense? It would not be unusual at all for someone in on a CSC to be flopped twice, due to apparently no fault of his own. Additionally, with COVID, a lot of programming just hasn't been... Read more »
I filed a civil case in small claims court against a door company for poor installation. We had a zoom conference and the judge could not hear me so he dismissed the case. I called the court and was told to file a motion, which I did, and due to the fact the post office having problems having... Read more »
First, I am not a Michigan lawyer. But having said that, my answer is probably yes.
I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »
I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... Read more »
The trial was a complete farce all the way threw a real circus never seen anything like it
An appeal can definitely still be filed ... If I recall correctly, it is done with the trial attorneys filing affidavits of what they call the relevant facts at issue were.
I hired a lawyer to work on my LTD due to rejection from no due diligence on the part of underwriter.
My lawyer never disposed anyone or went to litigation.
MESSA called me to say they are sending me a check for almost 2 years back pay. I will pay what I owe. My lawyer said the... Read more »
Your lawyer is correct. Generally, this sort of work is done on contingency, and in the world of government benefits is actually prescribed by law a certain percentage payable to the attorney. In either case, your lawyer was your representative in this litigation, and to properly settle the matter,... Read more »
He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »
You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »
I am writing a paper for my AP Research course, but because there is no respondent I am unsure how to do so. In case you are unable to see what case I am referring to it is Courtney Wild's Petition for Writ of Mandamus to the US District Court for the Southern District of Florida. Thank you... Read more »
To cite a case in the form used in a legal brief, refer to "A Uniform System of Citation", also known as the Blue Book. A style guide for writers may be useful, depending upon the preference of your instructor and the rules you have been asked to use.
If you look up the case you... Read more »
Are you the defendant? If not, your efforts would be better spent on retaining counsel for the defendant. Appeals are complex and require a solid foundation in the law and its construction and interpretation; they should not be done alone or by anyone who is not an attorney. More important, if you... Read more »
Drug case
The filing fees charged by the court are listed on its website. If you are going to file an application for leave to appeal with the Michigan Supreme Court, you may want to consider hiring an attorney.
Yes you do. An appeal doesn't not stop an active sentence, with few exceptions.
Townline Lake, Belvidere Township, Lakeview MI. The lakeshore in Belvidere township has been public use since the 20s. A few lake front property owners went to a judge and got granted riparian rights up to the lakeshore even though it’s public property and is recorded as a park in the plat. How... Read more »
A judge with equitable powers can do a lot of things, but without seeing the actual order (Courts 'speak' only through their written orders) it is hard to say what is going on here.
Indeed sometimes trial judges exceed their authority or make 'legal errors' and that is... Read more »
I'm really not sure where to start. Thank you. Mindy Myers
mindy_myers@yahoo.com
740-438-4657
It would be best for a Michigan attorney to advise you, but it is important for you to learn sooner than later that this is not an attorney referral service. It is only a Q & A board. Time is of the essence in virtually any type of appeal, so it would be better for you to start making phone... Read more »
My brother was convicted in Michigan back in 2009 of armed robbery, home invasion, unlawful imprisonment and torture to a ww2 vet. He was sentenced along with a man that was guilty but he wasn’t there there’s no proof, the victim didn’t identify him or his voice in the lineup and even... Read more »
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