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Texas Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

0 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Attorney's Malpractice and appeal

Since I have a limited budget and because I was and am still sure that I have a strong case and because I prepared a lot of helpful documents for my attorney, I hired a junior attorney to keep the cost at minimum. But now I am paying the price. I learned the lesson the hard way, never hire a junior... Read more »

0 Answers | Asked in Appeals / Appellate Law and Small Claims for Texas on
Q: I was the dif in a civil case during trial the plaintiff submitted a false document can I file a motion for new trial

He said it was a police report but I just recieved it and it is not. The paper he submitted was a big part in why he won. I didn't have proof at the time of the trial. If she denies the motion can I appeal the decision?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
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2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What does it mean when someone files a Notice of Appeal after you have an Abstract of Judgement on them?
Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 19, 2022

The person is trying to appeal the judgment,

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: I need to talk to a appeals attorney about a case was file after 4 years . Possession of CS

My girlfriend is in prison on a possession of cs. They gave her ten years but they waited 4 years to file the case I understand they only have 3 years to do this . Is there someone that could help us ?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 15, 2022

You will need to call a lawyer because it depends on the exact charge. Most felonies statute of limitations are more than 3 years.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

2 Answers | Asked in Appeals / Appellate Law and Family Law for Texas on
Q: I need an appellate attorney for a family law custody final decree from December 1 2021 feb 22 2022 not signed

Tarrant county texas the non parent received custody over the father

Leslie Ann Werner
Leslie Ann Werner answered on Feb 23, 2022

All time periods run from the date of the signing of the final order. You may message me on this platform and discuss your case. I am Board Certified in Civil Appellate Law.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: If reasonable doubt in a case can it be retrial if the person was given 75yrs for something he didn't do?

The state vs Charles Edward williams

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 15, 2022

Probably not. A defendant isn't sentenced until and unless they've been convicted. They can't be convicted until either (1) they entered a plea of guilty or no contest, or (2) there was a trial and the prosecution proved guilt beyond a reasonable doubt.

If there is evidence...
Read more »

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1 Answer | Asked in Child Support, Family Law, Appeals / Appellate Law and Child Custody for Texas on
Q: Can a mother leave texas during a open custody agreement

during a child support agreement in texas the mother had moved out state and I was never informed

Leslie Ann Werner
Leslie Ann Werner answered on Jan 30, 2022

The final decree should contain language that requires the mother to notify you of any change of address. Notifications of address and phone number changes are typically standard in temporary orders as well. If the mother has moved, she may be in violation of a court order. You should let your... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How long do I have in TX to cancel an appeal I filed against eviction due to violation of lease“disrupting behavior
Teri A. Walter
Teri A. Walter answered on Nov 29, 2021

If you are the party appealing the eviction, you can dismiss the appeal at any time.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: Need help i only have 1 day to make an appeal for eviction i only have 1 day to move or make an appeal

Do i need to get a lawyer to make an appeal or i can do it my self Need help i only have 1 day to make an appeal for eviction i havemt been available to find a place to stay do i need a lawyer to make an appeal or i can do it my self i have kids and cant find a place to live and in the court they... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Oct 25, 2021

Yes, if you're unsure with how to go about the appeals process, I would strongly recommend that you reach out to an attorney and set up a consult as soon as possible. They will be able to review the eviction order with you and advise you as to how to best proceed. I wish you all the best!

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If u get evicted an make an appeal

If u get evicted an make an appeal and pay the bond and a month of rent to court do they give u the whole month howitworhowitworks

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

If you pay your rent into the registry of the court every month during the appeal, those payments will be applied towards any judgment the landlord recovers against you. If you don't, your appeal is likely to be dismissed.

2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
Charles William Michaels answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 6, 2021

If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

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