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Washington Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Municipal Law for Washington on
Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

James L. Arrasmith
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answered on May 19, 2024

If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Washington on
Q: What is the review in the Superior Court of Washington civil division?

I'm appealing an impound hearing which was held in district Court and denied in district Court of Washington.

James L. Arrasmith
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answered on Mar 16, 2024

In Washington State, when you appeal a decision from a district court, such as an impound hearing decision, your case moves to the Superior Court for review. This process is part of the civil division in the Superior Court, which handles a variety of cases, including appeals from lower courts. Your... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Washington on
Q: Can the party who has the clear and convincing evidence still be "Speculating?"

How can someone with the truth still be accused of Speculating?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2024

A Washington attorney could advise best, but your question remains open for a week. Based on the brief post, it appears that the judge, arbitrator, or opposing counsel does not accept your evidence at face value toward the issue you are arguing. One option could be to review the file with attorney,... View More

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Gov & Administrative Law for Washington on
Q: When does "Lack of knowledge " or "Lacks information sufficient to form a belief " end?

First thank you everyone for answering my previous questions, very helpful.

When your oposising party claims "Lacks information sufficient to form a belief" throughout the entire civil litigation (obviously no investigation on their part to the "knowledge" and after I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

A Washington attorney could advise best, but your question remains open for a week. That's a standard rubber-stamp response. You could consult with an attorney about options, but the other side could assert that at the time of the pleadings, lack of knowledge was the case. Good luck

1 Answer | Asked in Appeals / Appellate Law for Washington on
Q: Why would a magistrate judge say to a plaintiff that he never did ask a federal question, when he did?

What can a plaintiff do when after he enters district court on a federal question, with a state judgement from another state on the same issues and the Law Referenced is An Act of Congress., the magistrate judge never acknowledges this and tells the plaintiff , he never did ask a federal question.

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2023

A Washington attorney with experience in federal practice could advise best, but your question remains open for a week. One option could be to review your papers with an attorney to determine why it was questioned by the court, and if jurisdiction is not possible in federal court based on subject... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Native American Law for Washington on
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move

MY 2 Children are under ICWA.

MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More

James L. Arrasmith
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answered on Jul 28, 2023

If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More

Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

1 Answer | Asked in Appeals / Appellate Law for Washington on
Q: is there any probono attorneys near puyallup washington or tacoma washington that can help me please
Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

A Washington State attorney would know this best, but your question remains open for two weeks. As a starting point, you could look at the resources of the Washington State Pro Bono Council - https://www.probonocouncil.org/

State bar associations also sometimes list pro bono or legal aid...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: if someone is supposed to go do 60 days can they ask for home monitoring instead and just do more time?

already been sentenced and pleaded guilty

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 17, 2022

You needed to ask for this clarification at the time of sentencing because it sounds like the Judge sentenced this person to 60 days jail and so that is the way it is.

If there are circumstances that have changed that wasn't available to be talked about or discussed when it was done in...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Washington on
Q: Wrongly served parenting plan

I live in Washington state and my daughters dad tried to serve me a parenting plan but he had it served at an address when I was not a resident. He served it to my friends apartment. When she was informed that it was for me she told the server I did not live there and she would not except so the... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

You are right that person service requires service at your place of residence or to you directly. So if someone attempted to serve you at a place you do not live, service was not proper. This is true even if your friend later delivers the documents to you.

But that doesn't mean you...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Washington on
Q: Hello, it is Illegal to file an appeal with the State, if you have concrete evidence that you should have...

never even Filed one in the first place? Would this be considered a fraudulent appeal?

Thanks

Charles William Michaels
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Charles William Michaels
answered on Jun 15, 2021

I don't have the required information to answer this question. An "appeal with the State"? And "concrete evidence that you should never even filed one in the first place"? The question makes no sense to me. And I don't know any procedure for a "fraudulent... View More

2 Answers | Asked in Appeals / Appellate Law and Insurance Defense for Washington on
Q: What’s the best way to win my appeal against my auto insurance company for denial to take care of my accident coverage?

My filed a insurance claim on my car for hitting a ditch. My vehicle had previous damage already from a previous claim with my previous insurer my current insurer contacted my previous insurer and obtained photos I sent for that claim and now they are stating that because my odometer hasn’t moved... View More

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2020

A Washington attorney could advise best, but you await a response for three weeks. This sounds like a difficult claim, and such situations do arise when going from one insurance carrier to another, and a new claim arises near the start of coverage. If you've been issued a denial, review it if... View More

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1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... View More

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Washington on
Q: My unemployment claim is under investigation for fraud. If I am denied benefits, can I file an appeal and if so, should

I furloughed because of covid 19 and applied for unemployment benefits (in Washington D.C). My claim was not being processed, so I called their office and the representative I spoke with said that I was under investigation for fraud because I did not list myself as having a job in Maryland.... View More

Charles William Michaels
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Charles William Michaels
answered on May 5, 2020

I sounds like that you should be prepared to file an appeal. There are very good lawyers in Washington DC who handle appeals on unemployment benefits. Talk to any one of them, before the 21 days is up.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Washington on
Q: How can I find a Lawyer to help my son, who is incarcerated, write his brief for appeal court?

My son need a Lawyer that will help him was appeal brief, so he can get an appeal. The family is will to give a fee for this service.

Stan Glisson
Stan Glisson
answered on Jun 10, 2019

There are many lawyers around the state who specialize in appeals. I highly recommend Jeremy Morris, but full disclosure he is my law partner.

You should be able to find appellate lawyers with a quick search.

1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for Washington on
Q: Our Condominium Association is violating a WA State Appellate Court ruling. Who would I see to enforce the ruling?

New Condominium owner is being forced to pay for a new roof on the condominium he is buying. The Appellate Court ruled the Condominium cannot charge the owner for repairs to the Condo roof without an amendment to the Condominium Declaration. That has not happened yet. Do I have any recourse... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

It depends on the terms of your HOA agreement, including the CCRs, as well as the facts surrounding the roof issue. You must first determine whether there is a breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: Is there a way that an offender could be sentenced with an offender score of 2 when he has absolutely no prior adult or

juvenile convictions of any kind and if no, can the offender appeal the sentence 7 years into his 15 year sentence?

Stan Glisson
Stan Glisson
answered on Mar 1, 2018

If there were more than one count, each counts against the others as points. So for example, if a defendant pleads guilty to three separate felony counts in one case, her offender score is 2.

1 Answer | Asked in Appeals / Appellate Law for Washington on
Q: how long does the court of appeals have to make a decision on a vehicle seizure case.
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 20, 2015

It depends upon many factors. All you have given here is a question about how long. Appellate Courts usually take a very long time to decide cases.

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