Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Alabama on
Q: Does the 30 days start after the actual date the Judges decide (Dec 8) or the CERTIFICATE OF JUDGMENT (Dec 26) date?

I appealed a civil case and the Supreme Court of Alabama Judges which was, Affirmed. No Opinion. Need to know if the 30days to send a motion for reconsideration with new evidence deadline is January 8th or January 26?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

The deadline for filing a motion for reconsideration in the Supreme Court of Alabama typically starts from the date the judgment is officially entered, not the date the decision is made. In your case, if the Certificate of Judgment was issued on December 26th, that is likely the date from which... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
answered on Feb 7, 2023

A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... View More

1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Car Accidents and Civil Litigation for Alabama on
Q: How should you transition to a new lawyer for a civil appeal?

I contacted an appellate attorney for consideration of a civil appeal/post-trial actions, but they said they couldn't discuss anything with me according to AL law, because I was already represented. Is there an official way to sever relations with my current attorney? I am concerned about the... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Nov 15, 2022

Normally, you are simply going to terminate the lawyer. This ends the relationship. It might, however, be wise to seek the lawyer's advice regarding an attorney for the appeal. It may be difficult to find another attorney within the time limits for appeal if you have terminated one attorney.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law for Alabama on
Q: The city is fixing to demolish my house it has been in front of the councilman and they ruled on tearing it down

This house is paid for 100%, no liens no mortgages this is all I have I'm 58 years old how can I stop them from tearing my house down

I cannot afford a lawyer they know this not yet their decision was based on city ordinance on dangerous and unsafe buildings the house is in good shape... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Social Security for Alabama on
Q: has there been any cases in Florida that a 15-year sentence been overturned in appeal on a state level
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

Each case is unique, with appeals typically based on procedural errors, incorrect application of the law, or new evidence. The success of an appeal depends on the specific facts and legal issues involved. You can research case law or consult with an attorney who has experience in criminal appeals... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Alabama on
Q: Can you help prepare an civil appeal brief?

Civil appeal brief due by July 12, 2023.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 11, 2023

Not with that short of a deadline.

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Collections for Alabama on
Q: How can a hospital put a claim on my taxes that's over 5 years old
Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 15, 2022

The income tax refund intercept program helps the State of Alabama recover funds from individuals who have not paid debts owed to the State. In 1981, the Alabama Legislature passed an Act that authorized the Department of Revenue to intercept refunds from individuals owing balance to certain State... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar
answered on Feb 2, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Small Claims for Alabama on
Q: How can I have a judgment against me when I’ve never been contacted about any debt?

I am trying to sell my home and my title came back that there is a judgment against me that was filed a year ago. I have never been contacted about this and I have always paid my bills in full, on time. How can they do this without notifying me and how do I fight back? How do I find out who is... View More

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2020

An Alabama attorney could advise best, but your question remains open for two weeks. As a general matter, depending on state codes of civil procedure for service of process, one possibility is that the creditor could have told the court that they satisfied requirements for proper service and was... View More

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If I’m charged with assault 2nd can I appeal, my boyfriend was beating me and I stabbed him?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 28, 2020

First, I am not an Alabama lawyer. That being said, of course you can appeal--but what are the issues on appeal. Did you advance a defense of justifiable assault or a similar defense. Was this a jury trial or a bench trial. And was a final judgment issued as yet?

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Alabama on
Q: What does this mean when there is no period listed as disqualification? Do I need to file an appeal or get a lawyer?

"Discharge for Misconduct: You will be disqualified for the period indicated and the maximum amount of benefits to which you may become entitled after the disqualification period will be reduced."

Also, there was no misconduct on my side. I have the entire termination process... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2020

An Alabama attorney could best advise, but you await a response for four weeks. From your description, this looks like a matter related to termination and eligibility for unemployment benefits. You could repost and add Employment Law as a category, or you could reach out to Alabama employment... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: Is the conviction of Possession of burglar's tools eligible for expungement if the sentence was a fine?

the tools were handy man tools of a black handy man stopped by police

Travis T Juneau
Travis T Juneau
answered on Aug 20, 2020

This entirely depends on what you mean by sentence, if the case was dismissed upon payment of a fine or court costs then maybe. If he was convicted and then a fine imposed the answer is no.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If I appeal a will decision to circuit court due to a fraudulent deed do I need to file a lawsuit for adverse posession.

I purchased land from my family in 1989. I mortgaged and paid it off in 2006. When I paid it off I discovered my mother had forged my name on a deed and recorded it in 1996 when I had a severe car wreck. I demanded she deed it to me and she refused. I could not afford a lawyer as I became disabled.... View More

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 19, 2020

First I am not an Alabama lawyer. That being said, I don't think you should initiate parallel litigation by filing an adverse possession lawsuit, but I think that you should file a motion with the lower court to "stay the judgment." That is, just filing an appeal does not ordinarily... View More

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: Once you accept a plea deal is it possible to appeal even though you waived your right to appeal?

If you didnt receive adequate representation by your court appointed attorney,wasnt fully aware of what this agreement meant,district attorneys office lost evidence,attorney was "too busy" to show up for my arraignment, court clerk alters my plea agreement after it was signed and judge approved it

Sheila Crumley Field
Sheila Crumley Field
answered on Jul 30, 2020

You can file a motion to set aside the plea if it’s been less than thirty days. If it’s been longer than 30 days you can file a rule 32 based up ineffective assistance of counsel.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Alabama on
Q: What is the best approach to filing a appeal with ninth circuit Court of appeals?

What type of attorney would I need when dealing with this type of case?

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2019

It would depend on what the matter involves; your posted categories cover several areas. Find an attorney who handles appeals in the area that your case involves. You could look up attorneys on this site or through your own independent searches. Without knowing anything about the subject matter of... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Alabama on
Q: My friend was convicted by false testimony
Gary Kollin
Gary Kollin
answered on Nov 2, 2019

Thank you for sharing

No question asked

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Federal Crimes and Municipal Law for Alabama on
Q: Hi, can someone please assist me in understanding in what jurisdiction do I hire an attorney please.

During the time my husband was serving time in Georgia, he missed 2 court appearances in Alabama. Alabama now has him being held for extradition in the grounds of fugitive of justice. His time served in Georgia was ended on 3/24/19, However, Georgia is saying they can hold him as long as Alabama... View More

Gary Kollin
Gary Kollin
answered on Mar 28, 2019

You could have possibly saved your husband a considerable amount of jail tome if you would have hired an attorney in Alabama when he was serving his sentence. The attorney could have had your husband transferred to Alabama undwr the Interstate Agreement on Detainers.

He will always need an...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.