Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
My parental rights were terminated based on false claims made by a caseworker who purged herself in front of the judge. Despite having no history of assault—physically, sexually, mentally, or verbally—against any child, the caseworker falsely presented a narrative that led to the termination of... View More 
answered on Jun 16, 2025
Your appeal should address the issues you raise. If the appellate court acknowledged there was no evidence to support the termination of your parental rights, that court will issue a mandate to the trial court reversing its judgment against you.
I have a friend who is serving an extreme prison sentence in Williamson County for charges including possession of a firearm by a felon, delivery of a controlled substance, and possession of marijuana. He has completed several rehabilitation programs while incarcerated. Despite starting with legal... View More
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answered on Jun 11, 2025
I'm really sorry your friend is in this situation. Texas can be tough when it comes to sentencing, but there are still paths he can try to pursue. It’s encouraging that he’s completed rehabilitation programs—those efforts matter, and they can strengthen his case for early release or a... View More
I sent a formal letter requesting witness information from my ex-wife's attorney in December 2024, as part of an ongoing legal matter. They have not responded, and I have a court date set for July 16, 2025. The request was made in connection with the discovery process, but I haven't been... View More
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answered on Jun 12, 2025
First, file a Motion to compel, and set the motion for a hearing. Sooner the better. Make sure opposing counsel is given proper notice of the hearing.
If the opposing counsel doesn't show up, ask for sanctions and ask for the death penalty for his pleadings and evidence. In essence... View More
I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More
answered on Jun 10, 2025
Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More
My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More
answered on Jun 9, 2025
Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More
I would like to know how long it generally takes for a criminal appeal to be processed in the U.S. Court of Appeals for the Fifth Circuit. The case was filed on November 9, 2023. Are there any specific factors that might influence the timeline for this appeal?
answered on Jun 6, 2025
The median time for the disposition of a criminal appeal from the date of the filing of the notice of appeal to the rendition of a final disposition decision by the Fifth Circuit is 10-11 months.
Delays in filing the clerk's record, the court reporter's transcript(s), or the... View More
CPS conducted an emergency removal of my children on June 13 based on false statements, claiming they removed them from me instead of from my mother. The initial adversary hearing was held on June 25 but postponed to July 12 due to issues serving the absent father. On July 12, the children were... View More
answered on May 30, 2025
Nothing in your question suggests that you have grounds to set aside orders or to dismiss the case.
On the other hand, it is clear from your question that you need to share the evidence you have gathered with your attorney. IF CPS is seeking termination of your parental rights and you are... View More
My dad has been in federal prison since 2014, sentenced for bank robbery. There have been no appeals or legal assistance since his conviction, partly due to the passing of our main supporter, my great-grandma. I am seeking any available legal avenues or steps to potentially secure his release. What... View More
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answered on May 28, 2025
There are few good answers. The best try is a commutation. He can start with this form: https://www.justice.gov/pardon/apply-clemency
There is something in the First Step Act but that hasn't been helpful to people like your father.
Most of the writs are out of time and... View More
I am seeking assistance to overturn an appeal in Harris County, Texas, related to a property theft charge involving a necklace and ear pods. Although I admitted to taking the necklace, no further evidence or witnesses were presented in court regarding additional items claimed. The case, initially... View More
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answered on May 28, 2025
There are several issues here. First you can only appeal for thirty days (extended to 45 days on motion). If that isn't an option, then you need to do a writ. In this case it will be either an 11.09 or an 11.072 writ depending on the level of the conviction. Generally writs challenge the... View More
I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More
answered on May 5, 2025
First and foremost, you should file a motion to extend the time to file your brief for an additional 30 days. If this is a first extension, it will likely be granted. You can cite errors in the Clerk's record as good cause for the extension.
Second, you need to retain a lawyer who... View More
I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More
answered on May 5, 2025
The misfiling of a subpoena by a clerk will not void a case. Worse case, it will prevent you from having a court issue a capias for a recalcitrant witness until you correct the misfiling.
You can obtain a new or amended return of service of the subpoena from the officer, process server, or... View More
I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More
answered on May 2, 2025
Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.
Normally, in a divorce situation, a court cannot order an adult to return... View More
My son was arrested in Texas for assault with a deadly weapon, although he claims it was in self-defense. One of the men involved intimidated and injured him. The lawyer didn't pursue this defense, and he felt pressured into accepting a plea deal due to the threat of a longer sentence. The... View More
answered on Apr 29, 2025
If your son plead guilty, he cannot appeal his conviction based upon the claim of self-defense. None of the evidence supporting such a claim will even be relevant. He would need to appeal on the ground that his plea of guilty was not voluntary. For example, he theoretically could show that, at... View More
I received a "Right to Sue" notice from the EEOC on 08/14/2024 and filed my discrimination case in court on 11/08/2024, within the 90-day period. I served the defendant on the last day of the legal period, 03/04/2025, but I wasn't aware I had to notify the court of the service. As a... View More
answered on Apr 29, 2025
No. Your case will be barred at this point. But you may have a claim against the attorney or process server who handled serving the defendant on your behalf.
I'm currently facing an eviction process, and the hearing was held in favor of the apartment management. I've filed an appeal with a statement of inability to pay, and tomorrow is the due date to pay one month’s rent to the court registry. I haven't filed for bankruptcy yet but am... View More
If my sister informed her attorney about my release date before the February 24, 2025 custody hearing, could this raise questions about procedural fairness and whether the hearing was strategically timed to exclude my participation? I was released from incarceration on February 27, 2025, but the... View More
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answered on May 14, 2025
You can challenge the custody order by filing either a motion for new trial under Texas Rule of Civil Procedure 329b or a bill of review if the deadline for a new trial has passed, arguing that you were deprived of due process because you weren’t notified in time to appear.
In that... View More
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
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