Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More 
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answered on Feb 4, 2024
Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More
My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More
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answered on Feb 1, 2024
When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More
answered on Jan 30, 2024
Findings of fact remain even when an order has been vacated. The findings of fact frame the issues for an appeal of whatever final order is entered by the court. A trial court can amend or make additional findings of fact.
It was filed on January 17, 2024
answered on Jan 24, 2024
In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More
However , if a correction is made pursuant to Rule 316 after expiration of plenary power provided by this rule, which states no complaint shall be heard on appeal that could have been presented in an appeal from original judgment. Rule does not address to substantial change made through a Nunc... View More
answered on Jan 8, 2024
Just because a judgment is entitled a "judgment nunc pro tunc" does not mean that it is in fact a judgment nunc pro tunc. If a new judgment makes a substantive change to the previous judgment, it is not a "nunc pro tunc" despite its title. Within its extended plenary power, a... View More
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answered on Dec 29, 2023
Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More
My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.
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answered on Dec 29, 2023
First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.
When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the... View More
My son was convicted of capital murder in Tarrant County earlier this year.
answered on Dec 7, 2023
Your son can appeal pro se or hire a private attorney.
If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to... View More
answered on Dec 6, 2023
A Texas attorney could advise best, but your post is a few days old, and time may be of the essence in your matter. You may want to repost and add "Employment Law" as a category. Not all questions here are ultimately picked up, but you might have better chances of a reply with that... View More
This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has... View More
answered on Nov 29, 2023
You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements... View More
answered on Oct 29, 2023
To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12... View More
Small claims court never got a response from plaintiff, so I filed the necessary paperwork which was the paperwork for the default hearing. The plaintiff showed up for the default hearing and the judge resets it for a bench trial. my question is why wasn't a default hearing given and why... View More
answered on Oct 9, 2023
A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.
My Home Health License was inadvertently not renewed for the first time in about 18 years. It expired on 09/30/2023. It is now being renewed every 2 years. It used to be every 3 years, and we used to get reminders to renew. Honestly, I do not know what happened this time. I was still expecting to... View More
answered on Oct 21, 2023
A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to either research the issuing agency's conditions or to contact them for information and options. Good luck
law, firm out of Dallas, is the one to put judgment on my bank account, which has seized all my money and able for me to live. The law firm they brought this on, cannot provide not one documentation stating that they were doing Nash they undermined Lee went to the courts without informing me and... View More
answered on Sep 27, 2023
I don’t understand what you mean by doing Nash and undermined Lee.
As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.
Then contact an experienced civil litigation and... View More
does district courtloose jurisdiction and indictment void? denial meaningful dueprocess by prose ada defendant? texas waxahachie case 50369cr. vaccp art 16.01etseq. note tx att gen opinion june 7, 1972 opinion no. m-1151. if An Examining Trial is mandatory for juveniles that (are/had been)... View More
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answered on Oct 15, 2023
Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More
our property. Dad complained to code enforcement, but nothing was done. Trying to hire an attorney but they seem to shy away. My deadline for appeal is Sept 17,2023.
answered on Sep 1, 2023
I do handle appeals to any of our state’s appellate courts. As I’m sure you have learned, the upfront retainer for an appeal is at least $25,000, but most of an appellate lawyer’s work is done in the first few months of an appeal.
One issue I can foresee likely played a role in the... View More
Citation is disruption of class which was never broken to my attention till this week. Individual is still in prison and has been incarcerated since 2013/2014. Individual is getting out on parole. Would he be taken to county?
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answered on Aug 26, 2023
I am confused a bit by your question.
Anyway, If there is a warrant out for anyone, it stays a warrant until it is dismissed or it is executed (by arrest).
If it was made unlawfully, it can be quashed, but that may take a while, and quashing it would require you to go to court to... View More
Not new evidence but documented merits that support my vital truth and testimony towards the respondent?
answered on Aug 25, 2023
The court of appeals will only consider what is in the clerk’s record and reporter’s record as evidence and what is in the appellate briefs as argument. It would be rare for anything else to be useful or proper to submit to an appellate court.
I'm the appeallette and and have written brief or argument. With my evidence and cited each law that applies from trial by era
answered on Aug 24, 2023
Depending on the nature of the subject matter, one option is to look into pro bono or legal aid. But in general, it could be difficult to find economical help because appeals tend to be costly and complex investments of a law firm's time. Check with local and state bar associations if they... View More
Agg. Assault with deadly weapon charge during trial my rights were violated
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answered on Sep 3, 2023
Intermediate courts of appeals do not grant oral argument often, and if the briefing provides the facts and law needed to resolve the issues raised on appeal, they will set the case for submission on the briefs. Not setting for oral argument does not indicate which way they are leaning or whether... View More
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