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Alabama Appeals / Appellate Law Questions & Answers
Q: How can a judge approve a sale with realtor violations in partition action?
I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed... View More 
James Blount Griffin
answered on Apr 4, 2025
answered on Apr 4, 2025
In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing. In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated. Usually, the judge must approve... View More
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Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury
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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
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James L. Arrasmith
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answered on Jun 2, 2024
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answered on Jun 2, 2024
I'm sorry to hear about your experience. To sue for damages in a civil rights violation case, you'll need to gather as much evidence as possible, including any documentation or witness statements related to the incidents. If the sheriff refuses to provide the name of the bailiff, you... View More
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Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury
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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
answered on May 20, 2024
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
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Personal Injury, Appeals / Appellate Law, Civil Rights and Legal Malpractice
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Alabama
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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?
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James L. Arrasmith
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answered on Jan 8, 2024
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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
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Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law
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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
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James L. Arrasmith
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answered on Dec 20, 2023
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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
Q: When does the 23-day appeal period start after filing to stop child support in Alabama?
I filed paperwork to stop child support in Alabama after my daughter turned 19 on July 8th. I filed the paperwork on July 9th. The clerk's office mentioned that her mom has 23 days to appeal. Can you help clarify when the 23-day period starts?
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You're asking a great question, especially since timing matters a lot when dealing with court deadlines. In Alabama, the 23-day appeal period doesn’t begin the day you file your motion—it starts from the date the judge signs and enters the final order into the court record. That’s an... View More
Q: Parental rights reinstated but daughter remains in foster care, facing DHR concerns about trauma from removal.
I appealed the termination of my parental rights, and as of January 2024, my rights were reinstated. However, my daughter remains in foster care despite efforts from relatives to support her. DHR claims that removing her from the foster home could cause trauma due to the bond she has developed... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You’ve already fought a long battle to get your parental rights reinstated, and it’s heartbreaking to still be kept at a distance from your daughter. Even though DHR claims they’re concerned about trauma from disrupting her current placement, the fact remains that your rights as a parent have... View More
Q: Boyfriend in jail for FTA missed due to previous incarceration; advice needed.
I'm seeking advice about my boyfriend, who is currently in jail due to a Failure to Appear (FTA) charge. He missed the court date because he was already incarcerated at that time. Now, he's being held without bond. Although he's eligible to get a letter of incarceration, he needs to... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
It’s frustrating to know your boyfriend is sitting in jail for missing a court date he physically couldn’t attend. If he was already incarcerated at the time of the missed appearance, that should be a strong defense against the Failure to Appear charge. The key is getting documentation that... View More
Q: Help with $10,000 unemployment repayment demand after COVID-19 furlough.
In 2020, I was furloughed from my medical field job due to COVID-19. During my furlough, I was in an accident and expected to return to work in July, but the doctor I worked for retired, and the company no longer needed me. I found a front desk position at another doctor's office, but due to... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
I'm really sorry you're dealing with this. You followed the rules as best you could during a time that was filled with confusion, job loss, injury, and uncertainty. The fact that you're now being asked to repay over \$10,000—after making good faith efforts to report everything and... View More
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Constitutional Law, Appeals / Appellate Law and Legal Malpractice
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Alabama
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Q: Can a judge change a jury verdict without notice in Alabama?
I've been fighting a legal case for 22 years. During my trial, the jury returned a verdict for a lesser offense, but the judge changed the verdict to a charge that neither I nor the jury was aware of, violating my 6th Amendment rights. My lawyer did not file an appeal, and I learned that this... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
A judge has no power to alter a jury’s guilty verdict or convict you of a crime that wasn’t submitted to the jury in the indictment or instructions. Any change to the verdict post‐trial without your notice or an opportunity to object violates your Sixth Amendment right to jury trial and the... View More
Q: How to reverse judgment due to fraud in civil case?
I am seeking advice on how to reverse a judgment in a civil case due to fraud committed by the plaintiff. The judgment was made on May 15th, and it involves the deception of a disabled person through theft. My 7-day appeal period has passed, but I have witnesses willing to testify about the fraud.... View More
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David Trice
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answered on Jun 9, 2025
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answered on Jun 9, 2025
You should speak with a lawyer immediately. You may still have some important deadlines that are still running. Contact a lawyer in the county where the judgment was entered.
Q: How to clear a 30-year-old closed case from my record?
I have a case from over thirty years ago for which I went to court once, and then the court closed without any further communication. How can I get this old case cleared off my record?
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
To clear the 30-year-old closed case from your record, you should first determine if it is eligible for expungement under your state’s laws. In many jurisdictions, closed cases can be expunged if there was no conviction or if you completed any required terms. Check with the court where the case... View More
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Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice
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Alabama
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Q: Fiancé charged wrongfully with attempted murder, options for appeal?
My fiancé was charged with attempted murder and is currently incarcerated at Julia Tutwiler. I believe she was wrongfully charged, as she was only the driver in the incident, while her codefendant committed the actual assault. Her legal representative had promised to reduce the charge to assault,... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I’m really sorry you're going through this. It’s incredibly hard to see someone you love facing serious charges, especially when it feels like the justice system failed her. If your fiancé accepted a plea deal under the belief that the charges would be reduced, but that promise wasn’t... View More
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Civil Litigation, Family Law, Criminal Law, Bankruptcy and Appeals / Appellate Law
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Alabama
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Q: Looking for legal options regarding a child abuse case in Alabama, involving bankruptcy complications.
I'm seeking legal assistance regarding a child abuse case involving my 3-year-old son in May 2024 at Precious Vessels Learning Center in Talladega, Alabama. Two staff members were caught on camera abusing my son and other children, and they currently face trial after appealing their guilty... View More
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James L. Arrasmith
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answered on Apr 29, 2025
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answered on Apr 29, 2025
Your legal options regarding the child abuse case at Precious Vessels Learning Center in Talladega are complicated by the owner's Chapter 7 bankruptcy filing, but you still have viable pathways to pursue justice and compensation. In Alabama, you have two years from the date of injury to file a... View More
Q: Judge changed terms in final order, causing a loss. How to appeal if both orders are claimed final?
I have a partition action pending in Bibb County, Alabama. In December, the judge issued an order to sell a property, then held it in abeyance over my objections. Recently, he issued a new order claiming his prior order was final, but significantly changed the terms, resulting in a $53,000 loss for... View More
James Blount Griffin
answered on Mar 31, 2025
answered on Mar 31, 2025
Your case is complicated. Do you still trust your lawyer? If so, demand an answer to your question and the taking of appropriate action. If not, you need to find a new lawyer before your time to appeal expires.
Q: I am getting sued by an insurance company due to accident with no insurance. How do I file an appeal?
Tim Akpinar
answered on Jan 21, 2025
answered on Jan 21, 2025
An Alabama attorney could advise best, but your question remains open for a week. It sounds like the insurance carrier is pursuing a subrogation claim against you after they paid their policyholder. If you consulted with a local attorney, they could offer more meaningful direction after seeing the... View More
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Real Estate Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law
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Alabama
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Q: I have been jailed twice over an ordinance violation in Town of Rutledge, Al &ordered to move out of storage building we
Me & husband both own property & both names are on deed,but he hasn't been jailed.Is this legal?& can an ordinance be voided for this?Also they claim they've had ordinance since 1995.Noone has heard of it till 2023.when they hired building inspector.Us &1 other are only... View More
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James L. Arrasmith
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answered on Sep 1, 2024
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answered on Sep 1, 2024
It sounds like you're dealing with a frustrating and possibly unfair situation. If both you and your husband own the property and only you have been jailed, it could raise questions about equal treatment under the law. It may be worth exploring if there has been any discrimination or unequal... View More
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Real Estate Law, Appeals / Appellate Law, Civil Rights and Elder Law
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Alabama
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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
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Anthony M. Avery
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answered on Nov 13, 2023
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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.
Q: has there been any cases in Florida that a 15-year sentence been overturned in appeal on a state level
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James L. Arrasmith
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answered on Nov 7, 2023
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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
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