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Oregon Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law, Business Law and Employment Discrimination for Oregon on
Q: The state of Oregon suspended my personal commercial fishing boat license and my commercial limited entry cra

Crab 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

0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Oregon on
Q: I need to file an Ineffective Assistance of Appellate Counsel. How long do I have to do so? Can any attorney assist?

Going in circles trying to find legal representation. This is a life changing matter that has been dealt with inaccurately and I just need an honest attorney to help me. I have the money for an attorney just not full price legal services. I have around 1,500-2,500. And am working and get student... Read more »

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Oregon on
Q: In 2008 I was convicted by a 10-2 jury in oregon. I appealed that conviction based on the 6th amendment but was denied

14 years later Oregon passed bill 1511 and in January of 2023 the Oregon Supreme Court ruled not only is it unconstitutional to be convicted by a non unanimous jury it is also retroactive. How do i get that case addressed and find post conviction relief for it? it was a posession charge and I am... Read more »

0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Oregon on
Q: Why allow a person who was charged to re appeal?

Evidence to prove charges has been proven.

Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

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... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
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... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

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... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn
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... Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

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... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
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...
Read more »

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

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... Read more »

Virgil Royer
Virgil Royer
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"... Read more »

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

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... Read more »

Gregory L Abbott
Gregory L Abbott
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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: How do I go about requesting an eviction be stayed during an appeal?

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... Read more »

Gregory L Abbott
Gregory L Abbott
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.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Oregon on
Q: What legal steps should be taken when a attorney dies, and there are open civil appeals filed by the opposing side?
Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: who can represent me in case #20-35052 and how much it would cost me ?
Tim Akpinar
Tim Akpinar
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...
Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Probate for Oregon on
Q: My father passed away over 10 years ago. I am his daughter. What rights do I have as his beneficiary in Oregon?

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... Read more »

Theressa Hollis
Theressa Hollis
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... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: I have an eviction that starts tonite but I have proof now that I owe my home not my trustee or trust.

what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please

Mr. Michael O. Stevens
Mr. Michael O. Stevens
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.

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

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... Read more »

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oregon on
Q: How can I appeal a judgement that modified my sole custody of my 9 ur old daughter. So that I have sole custody again.

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.... Read more »

Joanne Reisman
Joanne Reisman
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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: Any grievance process for tow hearing request denial. P.D. Lt. cited only lawful owner could contest. Request denied.

I was driving a truck for a friend when stopped by a canby officer, & towed as a result. Citing hazard as cause of impound. I reviewed all o.r.s relevent & feel the tow was unlawful. Canby tow reciept instructs process for hearing as the lawful possessor, security interest holder, or other... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

I hope this has been resolved by now. When you need legal advice, it is always best to go see a local attorney.

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: When are cases being held in the Portland US Court of Appeals between Jan through June? Need to know for when a touring

Urban Tour Group, a volunteer organization that provides free tours to Portland School children, cannot tour the building when court is in session. We need the information when those dates would be, to enable our scheduler to not schedule tours during court dates.

Thank you very much. I... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

Perhaps you should call the court clerk and have a nice conversation about this.

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: Do Federal agencies respect Federal Appeal Court decisions in States that are not in the "Circuit" of that Appeal court?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

What are the facts? You gave none. It depends upon the facts and the rulings. One of the ways that gets a case to the supreme court is when there is a conflict between the different circuits.

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