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North Carolina Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Domestic Violence for North Carolina on
Q: My husband is in prison and he has another charge on him CDV In 1 st Degree he sat in the county jail for 6 months and

Still hasn't been to court on that charge and I've dropped the charge on him .the court told me that when he gets released from prison he will go back to the county jail and sit till they get ready for him .and they tell me that they don't make court dates that the lawyers set court... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

Juror complaints can hint at something bad, but they can also just be complaints. But it is absolutely crucial to file for appeal before the deadline passes, as failure to meet an appeal deadline is considered a complete waiver of the right to appeal later.

[As a side note, generally...
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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for North Carolina on
Q: If I think the jury was prejudice in a civil trial, can I appeal it?

Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Mar 1, 2023

First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I was denied a pistol permit under the pretense that a hospital said that I had a substance abuse problem.

I do not have ANY SUBSTANCE ABUSE problem. My last drink was on July 4 of 2021! I have never been involuntary admitted to any substance abuse facility. I don’t use any drugs at all either and I haven’t In well over a year. I want to appeal the decision but I’m not sure what to do or if I need... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 10, 2022

There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for North Carolina on
Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jul 21, 2022

First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... Read more »

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I filed a motion for a temporary stay with the court of appeals which was denied. Can I file a new motion for temp stay?
Charles William Michaels
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Charles William Michaels
answered on Aug 11, 2021

First, I am not a NC attorney. That being said, I suppose you could file another motion for a temporary stay. But that motion will probably be denied as the first one was, unless you can show a material change in your favor.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: I won my case for eviction my ex was given 15 days to move she appeal can she stay while waiting on the new court date?

I own my house my ex-friend name isn't on anything she doesn't pay rent or any bills she do buy food every now and then we been living together for 5 years she doesn't clean and damage my home. I have ask here to move many times because of her drinking and drug problem the police... Read more »

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 28, 2020

First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to... Read more »

2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui
answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for North Carolina on
Q: After you obtain disability attorney, Is there anything they can't tell you by law?

I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?

Attorney- I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2020

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
Will Blackton
Will Blackton
answered on Oct 30, 2019

There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing,... Read more »

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for North Carolina on
Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train

No train in sight or signal

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Feb 2, 2019

In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for North Carolina on
Q: Does an appeal in a bankruptcy keep the automatic stay

I’m about

Timothy Denison
Timothy Denison
answered on Oct 30, 2018

Yes.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

Both charges occurred in

City:Elizabeth City, State:NC

I currently live in Las Vegas , Nv

#1 Offense Date: 5/7/11 ( age:19)

Conviction Date:9/29/11- POSSESS SCHEDULE VI (PRINCIPAL) MISD.CLASS 3 MISDEMEANOR SS. Was on probation but Served 10 days in jail... Read more »

Bill Powers
PREMIUM
Bill Powers
answered on Aug 6, 2018

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his...
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1 Answer | Asked in Divorce and Appeals / Appellate Law for North Carolina on
Q: During my divorce my ex claimed he earned a certain amount and couldn’t afford alimony

6 months after the divorce he bought new furniture, new truck , vacations , and is spending alot of money on his next wedding. Can I subpoena his financial forms from the sale of his new truck to prove he lied about his income during our divorce? Is there some way I can get the courts to compare... Read more »

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson
answered on Aug 3, 2018

Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Q: What if the court of appeals reversed the superior courts decision . Whats the next step.
Bill Powers
PREMIUM
Bill Powers
answered on Jul 23, 2018

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: NC statue 15a-1345 section 5

My roommate on probation I carry a gun her p.o requires her to move I'm disabled and need the help she provides can I get such an order for her to live in a house where some one else is armed ,

Bill Powers
PREMIUM
Bill Powers
answered on May 21, 2018

More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when...
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