Lawyers, Answer Questions  & Get Points Log In
Alabama Appeals / Appellate Law Questions & Answers
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... Read 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... Read 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...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Alabama on
Q: Are there any Juvenile Court Pro Bono Lawyers in Alabama?

Issues with DHR, I want my kids back and I want them out of my life. I still don't know the results of their investigation they began in February. Never received a letter of indicating or not indicating child abuse/neglect. Never failed their drug test, they have been harassing me. Filed for... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 10, 2018

You need a lawyer to represent you. I don't know of anyone who does this for free in your jurisdiction. You should call the bar association in the county where the case is and get some help.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Alabama on
Q: During divorce appeal process, AL my spouse remarried, bought new home.Appeal reversed ..I have any financial claim?

Forced to sell our jointly owned marital new home by court.Judge stopped my alimony, I became hungry,etc. House payments and upkeep all mine. Unemployed,recent knee surgery, court said I would be in contempt if not sold in 120 days. This order dated Nov 1. Not real estate agt.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 11, 2017

I can't understand from your question where you are in the appellate process. You spouse could not have remarried with a pending appeal. THe appeal stays the final order. You need to try to ask this again.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Alabama on
Q: Can I stop ex-husband from moving to MI with my two children? He says I missed the court date, but was never notified

He sent certified letter and never received it. I was handed the letter while in court it was a return to sender. I asked for more time was granted, Court never sent papers of hearing for later date, and never received info on the matter. Was told by ex-husband I missed court on September 6th 2017... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 3, 2017

What county are you in? Did you inform the court of your address? Were you served?

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?
Jack T. Carney
Jack T. Carney answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Municipal Law for Alabama on
Q: Bondsman robbed me, can I still appeal my conviction, if the appeal for a supersedes bond never did get filled out?

He said a 4th amendment violation would not hold up in musical court, that I needed to do a supersedes bond and go to 12 man jury. He explained that I would need to pay my bondsman 10% of the bond fee, which was $75 for each charge, which was 2, and he would take care of the paperwork. I had 14... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 27, 2017

The answer is no, you can't. The deadline for filing a notice of appeal is jurisdictional. That means if it is not filed within the time alotted the court to which you are trying to appeal is without jurisdiction to hear the case and there is nothing that can be done about that. Officially, it... Read more »

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care of... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000 miles on it. You...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Alabama on
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.

My former employer has retained 3rd party help to represent them at the hearing. I assume they are lawyers. Do I need legal representation for this hearing? Also, I live in Alabama, but it is the OESC that is handling my claim.

Marshall Jason Ray
Marshall Jason Ray answered on Mar 19, 2016

Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually... Read more »

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: Does the judge ever deny the request for an appeal after tpr trial?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 7, 2016

The trial judge cannot deny a request for an appeal. The trial judge can deny a Rule 59 motion to alter amend or vacate which always comes before an appeal. Appeals in civil actions must be made to the Alabama Court of Civil Appeals within 42 days after the judgment of the Court.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: When a circit court of appeals has oral arguments in a federal case what does it mean?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

That there will be oral arguments, well, that there were.

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: If my child father appeals a family court decision and appeals to the wrong court does the deadline to file start over
William E. Scully Jr.
William E. Scully Jr. answered on Jun 23, 2014

Your 'child father?' Is that the same as a 'baby daddy?' There are some technical rules about what kind of notice needs to be filed in order to appeal a decision and where it needs to be filed. Sometimes it matters where and when the notice is filed, and sometimes it doesn't matter. If you... Read more »

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: About how much does it cost to hire a lawyer to appeal a tpr case
William E. Scully Jr.
William E. Scully Jr. answered on Apr 19, 2014

A Lot. TPR means "Termination of Parental Rights." Your question makes it look like your parental rights have been terminated. Termination of parental rights is a pretty drastic remedy, usually undertaken by Alabama's Department of Human Resources (rather than private individuals) because of... Read more »

1 Answer | Asked in Appeals / Appellate Law for Alabama on
Q: How do i appeal a guilty plea?
William Lee Pfeifer Jr
William Lee Pfeifer Jr answered on Feb 16, 2011

In most situations, you cannot appeal a guilty plea. However, there are certain exceptions that exist. Whenever possible, the first step in appealing a guilty plea is to file a motion to withdraw the guilty plea first. This has to be filed within 30 days of sentencing in order for the trial court... Read 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.