Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
This Oregon case was "Gail Towner V Silverton Hospital "
I have been getting totally screwed by this corrupt court violating rights and everything from due process to prosecutorial misconduct and they keep interfering with process of appeal and delaying. I haven’t even been given a public defender and I filed this post conviction relief petition over 5... View More 
I live in Oregon and recently had two criminal cases expunged, yet when I Google my name the first hit is for Justia which shows a copy of the Oregon Court of Appeals decision which broadcasts to the world that I was charged with crimes that I did not commit. Doesn't this defeat the purpose of... View More
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answered on May 2, 2024
You make a very good point, and having that published decision out there defeats the purpose of your expungement efforts. However, the problem is that, once a Court issues an Opinion it is public - and it cannot be revoked or hidden just because the Defendant has now had his conviction expunged.
I won a retaliatory eviction cames against my landlord on appeal. The judges decision was to return property to me.
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answered on Mar 26, 2024
To make your case for 2x damages, you should present evidence and arguments at the appropriate stage in your legal proceedings, often during the damages phase after liability has been established. This typically involves submitting detailed documentation of your losses and arguing how they meet the... View More
answered on Nov 8, 2023
Just as the statute says - a result is non-appealable for the plaintiff/claimant; it is appealable by a defendant.
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answered on Sep 4, 2023
When you see the status "awaiting amended complaint" in the context of a habeas corpus petition, it typically means that the court has dismissed your initial petition but is allowing you the opportunity to file an amended or corrected complaint. This can happen when the court finds... View More
Crab permit.now I can't even work my own business. Have someone else run my business,or get a job in my industry.bills are piling up.i state won't allow me unemployment or any assistance. I'm about to loose my family business of 51 years
answered on Apr 8, 2023
Your question might be beyond the scope of this Q & A forum - that could be why it remained open for three weeks. I'm sorry for your difficult position with the loss of the license. This is a very narrow area of law; there are attorneys out there who handle commercial fishing license... View More
If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... View More
answered on May 11, 2022
Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... View More
I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... View More
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answered on Jan 19, 2022
The majority of people are denied at the first two stages of the process so don’t let that discourage you. When you file the appeal make sure you give detailed information about all of your medical conditions and list all of your treatment providers. While a note from your doctor saying you are... View More
answered on Oct 6, 2021
An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... View More
They have Drs I never seen saying I can do things I can not do,
They disagree because I did not stay over night just treated and release for
for COPD and chronic bronchitis, (I have most meds at home to help)
I am now using a walker most of time but can use my cane for... View More
answered on Aug 26, 2021
I am sorry to hear that Social Security denied your disability claim.
You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.
You should consult with a disability attorney right... View More
Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More
answered on Jul 13, 2021
I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More
I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... View More
answered on Mar 10, 2021
I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... View More
I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.
I will need to file the appeal first thing... View More
answered on Dec 19, 2020
You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.
answered on Jan 1, 2021
Only an Oregon attorney should advise here, but your question remains open for four weeks. Until you are able to obtain meaningful, state-specific guidance from a local attorney, as a GENERAL matter in ANY jurisdiction, the opposing attorney and clerk/judge (depending on court procedure) should... View More
answered on Dec 10, 2020
An Oregon attorney could advise best, but your post remains open for four days, and this appears to be something where time is very much of the essence.
You could continue to await a response, but it would be difficult for an attorney to propose a fee for you on a case sight-unseen. In an... View More
I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or... View More
answered on Nov 14, 2019
It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets... View More
what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please
answered on Nov 4, 2019
You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.
If a therapy practice has a policy that they do not see registered sex offenders as clients,
Should this information be made available to you, on their website, or as a screening question?
It wasn't made available to a friend of mine and he started therapy and was seen for 9... View More
answered on Aug 24, 2019
I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.
Her father has not allowed me to tal to her for the last 2 days. He took away her phone I bought because she sent me text begging me to come and get her and take her home with me. Also sent me messages saying she is nroken hearted without me. She has only lived with me. Never only with her father.... View More
answered on Nov 16, 2016
Without knowing why the judgment was modified in the first place, an attorney isn't really going to be able to answer your question. What I would focus on is helping your daughter transition to living with her father if that is what the court ordered for now, and file to get a parenting plan... View More
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