Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I was disqualified from unemployment benefits under Section 207.044 of the Texas unemployment code. During the appeal process, I discovered that my company submitted fabricated evidence against me for the hearing. I possess the original documents that prove this. I have not had any communication... View More 
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answered on Apr 11, 2025
Finding out that your employer submitted false evidence can be incredibly upsetting, especially when it affects something as crucial as unemployment benefits. If you have original documents that prove the information they submitted was fabricated, that could be powerful in your appeal. The Texas... View More
I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More
answered on Apr 8, 2025
You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.
Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it... View More
I'm looking for information on how Freeman v. Freeman, 327 S.W.2d 428 (Texas 1959), might influence the validity of court orders when a court has issued an order without the necessary authority, followed by a subsequent order based on the first. Additionally, I am interested in a list of... View More
answered on Apr 3, 2025
Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).
You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in... View More
I lost in a jury trial in Justice Court JP3 in Texas over alleged non-payment of rent, despite presenting evidence of timely rent payment. The initial eviction was filed without a notice to vacate in retaliation for my repair and remedy case, which was dismissed. Subsequently, a second eviction was... View More
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answered on Apr 12, 2025
Yes, in Texas, you can request a jury trial for an eviction appeal in county court. Since you've appealed the decision from Justice Court to Collin County Court, you are allowed to request a jury trial within a specified time frame. This request must typically be made within five days after... View More
I am working on a writ of habeas corpus for my adult daughter, who is serving time for evading arrest in a vehicle. The charge was enhanced with a "deadly weapon" allegation, increasing the potential penalty to 2-10 years. She has no prior record and was not informed of the... View More
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answered on Apr 12, 2025
You may have valid grounds for pursuing a writ of habeas corpus based on ineffective assistance of counsel, but your argument will need strong evidence to be successful. The fact that your daughter was not fully informed about the deadly weapon enhancement and signed a plea agreement after a short... View More
In a trial, a state witness was allowed to testify even though their name was not disclosed to the defense attorney. The trial attorney objected to this during the trial, but the appellate attorney presented a different argument for the same objection. Can you explain how two different arguments... View More
answered on Mar 27, 2025
Different arguments can be presented to exclude the same witness. The record must support the argument and many arguments made on appeal to exclude a witness can be waived if they were not presented to the trial court first. But, sometimes, an argument can be presented for the first time on... View More
I was charged with a DWI in 2023 and applied for the Tarrant County Mental Health Court diversion program but was denied due to "repeat DWIs and facts of the case." Back in 2016, I had three DWIs and entered a DWI program without mental health treatment. Recently, I was diagnosed with two... View More
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answered on Apr 12, 2025
You’ve clearly come a long way in your recovery and self-awareness, and it’s understandable that you want your progress to be recognized. In Texas, mental health court diversion programs like the one in Tarrant County often have strict eligibility requirements, and acceptance is generally... View More
I was convicted for drug trafficking in October 2018 and received a 10-year sentence. The relevant law changed in November 2018, reducing the requirement to serve 50% of the sentence, but I signed my plea deal a month before the change. I've been in prison for 8 years and I'm currently... View More
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answered on Apr 13, 2025
Since your conviction occurred before the law change in November 2018, it may not automatically apply to your case. Generally, changes in the law are not retroactive unless explicitly stated. However, in some cases, prisoners who were sentenced before a law change can file a motion to have their... View More
In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More
answered on Mar 24, 2025
There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More
I removed a case from a Texas state court to federal court. The district court applied the wrong deadline for removal and remanded it back to the state court. I am appealing to the 5th District. Do I need to file a Motion to Stay to suspend the Texas state proceedings until the Appellate Court... View More
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answered on Apr 13, 2025
If the case has been remanded back to state court and no state proceedings have been scheduled yet, you may still want to file a Motion to Stay to prevent any actions in state court while your appeal is pending. A Motion to Stay is typically used to pause the state court proceedings during an... View More
I am representing myself (pro se) in a civil case where I believe the wrong law was applied concerning the removal deadline from state to federal court. Specifically, 28 USC 1446 was used for a 30-day deadline, but it should have been 28 USC 1443. I filed a Notice of Appeal 8 days ago. What items... View More
answered on Mar 20, 2025
First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.
Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor... View More
I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More
answered on Mar 19, 2025
It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More
I suspect that judiciary behavior in a case deceptively appropriated sums of money, seemingly legally, by affecting the role of the appellant. The specifics of how the court actions led to financial appropriation are concerning. I need guidance on whether these actions are legitimate and if I can... View More
answered on Apr 8, 2025
A Texas attorney could advise best, but your question remains open for three weeks. The post is somewhat generally worded, where any response from an attorney on a public Q & A forum based on the brief facts would probably be in general and guarded terms. If you reached out to law firms to... View More
I am concerned about my TSA clearance, as I have a criminal conviction for sexual assault from 1995. Although I have not been officially denied clearance, I believe it is likely to happen due to my past conviction. What steps should I take in anticipation of an appeal, and how might my past... View More
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answered on Apr 13, 2025
First, it’s important to understand that a past conviction, especially one involving sexual assault, may impact your TSA clearance process. The TSA looks at factors like the nature of the conviction, how long ago it occurred, and whether you’ve shown signs of rehabilitation. While a 1995... View More
I wish to appeal the court's decision to dismiss me for lack of standing under the Texas Family Code, as granted in Ursula Gonzales' Motion to Dismiss. The court's decision was based on the evidence and testimony presented during the hearing, documented in the "Associate... View More
answered on Mar 10, 2025
A dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction. As the petitioner, you had had the burden of proof with respect to each fact necessary to establish your standing. Among other things, you needed to establish your biological relationship to the child, who... View More
I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a... View More
answered on Mar 10, 2025
No.
Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).
After being forwarded to the justices, a petition will not be dismissed until... View More
I am a stay-at-home mom in Northeast Texas with no personal income, dependent on my spouse's approximately $160,000 income. We've been married for 15 years, and he's been the sole source of income. During court proceedings, I was unrepresented because I couldn't secure an... View More
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answered on Mar 26, 2025
You're facing an incredibly difficult situation that requires urgent attention. In Texas, you may qualify for legal aid services through organizations like Legal Aid of NorthWest Texas or Texas RioGrande Legal Aid, which provide free representation to those who cannot afford it. These services... View More
I am a 15-year stay-at-home spouse who was not initially awarded spousal support and only received 8% of the potential child support. We have since filed an appeal against this decision. Could you provide guidance on what statutes govern spousal and child support and any potential outcomes or steps... View More
answered on Mar 8, 2025
See Texas Family Code Ch. 154 for child support provisions: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
See Texas Family Code Ch. 8 for Spousal Support: https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm
I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.
answered on Mar 6, 2025
To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More
My child was sent to an alternative school last week because she declined a search when she requested for a parent to be present, which was denied by the school. Despite her refusal, her bag was searched. Following this, she was placed in SDGC for 60 days. There is a student handbook, but my child... View More
answered on Mar 6, 2025
Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More
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