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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

You could repost this under the Military Law section. It is not an ordinary appeals matter in a civil court. You could also consider reaching out to military law attorneys you find under that section, or ones you find on your own independently on the outside to see if they could offer you a free... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You should repost your question in the Military Law category. You're asking about something which is outside normal civilian appellate practice. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer would do

I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the case 2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: Okay I need a little help I am not understanding my husbands appeal case state vs Foti 439 11district Ohio .

What dose it mean dose he still have 6 yr sentance or not ?? Please put this in simplified terms for me thank you Tanya foti

Matthew Williams
Matthew Williams answered on Mar 26, 2020

They sent it back for resentencing on the one case but upheld the rest. So right now, he has three years plus whatever he gets at resentencing. The end result will almost certainly be exactly the same. But the trial court has to impose individual sentences for each offense.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: IS THERE ANY ATTORNEYS AT THE OHIO SUPREME COURT THAT CAN ASSIST ME ON MY APPEAL? IF SO, WHAT IS THE PROCESS ON ASKING?
Matthew Williams
Matthew Williams answered on Mar 23, 2020

Any private attorney could assist you. The attorney who work for the court will not as that is not their job. Depending on the nature of the appeal legal aid or the public defender may be willing to help.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for North Carolina on
Q: After you obtain disability attorney, Is there anything they can't tell you by law?

I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?

Attorney- I can't... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Is there anyway possible that my wife could be released from the bartow county jail
Ellaretha Coleman
Ellaretha Coleman answered on Mar 22, 2020

That depends. Depending on her charges, she may be eligible for a bond. You should speak with a criminal defense attorney to see what her options are.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: does pleading guilty to breathalyzer count as a first dui offense? Also can you appeal your decision?
James A. Abate
James A. Abate answered on Mar 20, 2020

Opting for the ignition interlock device is a fist conviction. You should retain counsel and determine whether the charges are defendable. You cannot appeal your decision, but you may be able to withdraw a plea. You may only appeal decisions of the judge.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: HOW WOULD I FILE A MEMORANDUM TO THE OHIO SUPREME COURT CONCERNING MY APPEAL FROM THE 8TH DISTRICT COURT OF APPEALS?
Bruce Martin Broyles
Bruce Martin Broyles answered on Mar 19, 2020

The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general public.... Read more »

1 Answer | Asked in Bankruptcy and Appeals / Appellate Law on
Q: I'm looking for filings of new bankruptcies, but I'm being tripped up by the appeals/withdrawals. What's the difference?
Timothy Denison
Timothy Denison answered on Mar 18, 2020

An appeal is a review by a higher court while a withdrawal is the retraction of an appeal, motion, filing, etc.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Support for Ohio on
Q: WHAT'S THE NEXT STEP OF AN APPEAL IF I DISAGREE WITH THE DECISION FROM THE 8TH DISTRICT COURT OF APPEALS?
Matthew Williams
Matthew Williams answered on Mar 18, 2020

You have to file a memorandum of jurisdiction with the Ohio Supreme Court asking them to take the case. Supreme Court Cases are very different because you first have to convince the court to take the case, then win it.

1 Answer | Asked in Products Liability, Appeals / Appellate Law, Car Accidents and Civil Rights for Louisiana on
Q: Along w/ the new year came new a new job Opportunity. Last march I was hospitalized w/ a less than 1% chance

Therefore, I missed tons of work And fell behind financially. However, I had just about enough saved up to re insure my car (which is currently parked in my driveway). A friend of my bf throws his truck into reverse and SLAMS into my rt fender/rim! Hand enough to bend my strut and cause... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Louisiana attorney would be able to advise you best on this, but your post remains open for a week, and is probably causing continued financial problems for you at this point. You could see if a Louisiana accident attorney would offer you a free consult to review the file to see if there is... Read more »

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Q: I really have a few questions need help plz.

Georgia DFCS is trying to terminate my rights when I've done what they ask. Please someone help me find out how to file appeals and know my rights.

Ellaretha Coleman
Ellaretha Coleman answered on Mar 15, 2020

You need to immediately consult an attorney to discuss your options.

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1 Answer | Asked in Criminal Law, Real Estate Law, Appeals / Appellate Law and Federal Crimes for California on
Q: Managment of a apartm fordged my signature also they are keeping my deposit un lawfully

Im in orangevale Calif

Dale S. Gribow
Dale S. Gribow answered on Mar 12, 2020

more info needed.

however, your easiest solution is to sue in small claims court.

before filing send a self serving letter setting forth ALL the facts including your previous demands for money and send a copy to yourself. Then attach that letter to the small claims suit.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Idaho on
Q: My boyfriend's now ex wife filed for divorce and it was granted without him even knowing that she had filed.

He got the paperwork in the mail today and on the debts part it says he has to pay $2000 for their old apartment that he moved out of, and informed the landlord, before she moved out. Is he able to appeal because he also wants some of his belongings she refuses to give back as well and it doesn't... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2020

In Idaho, it is not typical but certainly possible for her to have gotten a divorce without him knowing. Many times a woman may file and not know his whereabouts (or she swore under oath) at the time that she didn't. If she seriously DID know where he lived but lied about it then that is "fraud... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Juvenile Law for Florida on
Q: My soon to be husband has been incarcerated for 12 years He was sentenced to 30 yrs imprisonment followed by 30 yrs pro

He's been in since the age of 17 for robbery. What can I do to try and get a reduced sentence? We are inclined to believe that sentence is excessive therefore violating the 8th amendment

Henry George Ferro
Henry George Ferro answered on Mar 4, 2020

You are not providing any factual information necessary to make determinations as to whether the punishment herein violates the 8th Amendment. You should seek a lawyer immediately and have this file thoroughly reviewed.

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