Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
In 2021, I purchased a car that turned out to be a lemon, with documentation proving the company knew of its condition. They repossessed the car without compensation due to limited environmental options and sued me for the balance after reselling it without disclosure. Despite presenting all my... View More 
I worked for the Michigan Department of Correction (MDOC) for approximately 17 years as a just-cause employee. In October 2020, I was terminated for pretext reasons, specifically "alleged falsification of medical documentation." I appealed the wrongful discharge administratively and... View More
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answered on Jun 13, 2025
You’ve already taken some strong steps by winning your appeals and having your termination recognized as wrongful. Since you were a just-cause employee with the Michigan Department of Corrections, your employment was protected from termination without legitimate reason, which often functions as a... View More
I was a former foster care placement for three relative children who were removed from my care after my niece falsely claimed I hit her, which she later admitted was untrue. I was notified of the removal 24 hours in advance through a text message. I have appealed through the FCRB, and there is a... View More
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answered on Jun 11, 2025
You aren’t required to have an attorney at your Foster Care Review Board meeting—these administrative hearings are designed so caregivers can speak for themselves. You can prepare your own statement, bring any witnesses or documentation showing the false allegation, and ask the board to... View More
As the defendant, I took my civil case to the Michigan Court of Appeals due to concerns that the plaintiff and her attorney committed perjury, resulting in the removal of my children. Now, the plaintiff's attorney has filed a motion for leave to file an amended brief on appeal. What does this... View More
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answered on Jun 11, 2025
I'm really sorry you're facing this, especially when it involves something as painful as losing your children. A motion for leave to file an amended brief on appeal simply means that the plaintiff’s attorney is asking the court for permission to revise or supplement the written... View More
I need to withdraw my divorce appeal in the Michigan Court of Appeals. After filing documents seven months ago, my attorney withdrew due to unpaid fees and I now need to handle it myself. Is there a specific form required to withdraw the appeal, and can I e-file it with the court system?
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answered on May 15, 2025
You absolutely can withdraw your divorce appeal in Michigan, and you don’t need a lawyer to do it. While there’s no strict pre-printed form required, you’ll need to file a **stipulated motion or request for voluntary dismissal** with the Michigan Court of Appeals. This is usually titled... View More
I am seeking assistance regarding my brother's criminal case from 2009, where he was sentenced to 38 1/2 to 75 years. I believe his court-appointed attorney did not adequately defend him and simply agreed with the prosecution. I would like to obtain a copy of his trial records to see if there... View More
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answered on Apr 12, 2025
To obtain the trial records for your brother’s case, you should start by contacting the court where the case was heard. Since you know which court handled the case, you can reach out to the clerk's office to request a copy of the trial records. They will guide you through the process and let... View More
My brother has been in prison since 2009. He mentioned that 'probable cause' was not used properly in Michigan since the 1960s, and he believes this could affect his imprisonment. However, he hasn't had any case reevaluation, nor has he consulted an attorney since his initial... View More
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answered on Apr 7, 2025
It sounds like your brother may have some valid concerns regarding his case. The concept of "probable cause" plays a crucial role in the criminal justice system, especially in terms of arrest and search warrants. If it was improperly applied or ignored in his case, it could have impacted... View More
Case 2;24-CV-13142
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answered on Dec 11, 2024
Based on your reference to the Morabito case and social security appeal, you're dealing with a remand order related to a Social Security disability claim. Let me help you understand what these specific codes mean in the context of your wife's case.
Section 205(g) of the Social... View More
I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More
answered on Nov 4, 2024
Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More
Can you add to insufficient evidence on a Topic denied on your first appeal? Or will that prohibit you from using that topic on any future motions?
Thank you
answered on Oct 21, 2024
Generally no. You typically need to raise all issues up front. If your "first" appeal has been denied, who do you plan to appeal to and how?
Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More
answered on Oct 21, 2024
Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.
Appeals are terribly... View More
answered on Sep 30, 2024
You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.
This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?
answered on Aug 1, 2024
Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.
answered on Apr 22, 2024
Months or years. It's not a fast process. And in the cases meriting success on appeal, you often times end up back in the trial court for further proceedings, which again takes time.
The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.
My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More
answered on Feb 9, 2024
When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.
I worked for Minacs for over a year and worked overtime
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answered on Feb 24, 2024
Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor... View More
My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More
answered on Feb 1, 2024
I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.
If this is an accurate read of... View More
inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?
answered on Jan 31, 2024
Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More
I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but they refuse to it would show that I had nothing to do with them and no... View More
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answered on Nov 7, 2023
It's critical to secure legal representation if you believe your rights are being infringed upon during a criminal proceeding. In cases where evidence may exonerate a defendant, such as the DNA testing you mentioned, a lawyer can file the necessary motions to compel the court to consider this... View More
The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with... View More
answered on Jul 6, 2023
By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always... View More
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