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Appeals / Appellate Law Questions & Answers

3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on

Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases

F. Paul Maloof answered on Aug 22, 2019

Pro Se Appellants are help to the same rules of the Court as a licensed attorney.

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1 Answer | Asked in Appeals / Appellate Law on

Q: Subdivition matters

We live in a subdivion here in the philippines and there are complaines for us from the homeowners officers and in the lower side there is sign of a attorney. Is the attorney allowed to sign in a internal problem of a subdivion?

Tim Akpinar answered on Aug 20, 2019

It could depend on how the attorney's authority arises or is expressly defined. It would be advisable to check with a local attorney because it could possibly involve elements of principal-agency, conflicts, or other issues governed by Philippine law. Good luck

Tim Akpinar

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on

Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it I couldnt... Read more »

Cayley Turrin answered on Aug 19, 2019

Im not too sure what the question is.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights on

Q: Can a direct appeal be done on a motion to suppress on a warrantless entry that did not have extingency circumstances ?

March 2018 a friend who is disabled had a gun brought to him from a CI. He was a felon, after the ci left the sheriff's department stormed into his home without a warrant. The motion to suppress was heard in September 2018 in federal court. the judge questioned the deputy in great lengths and was... Read more »

Gary Kollin answered on Aug 16, 2019

An appeal can nonetheless be filed.

By the way the word is exigency

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on

Q: If ones appeal was affirmed by TX COA, can he refile as Pro Se, he no longer has a court appointed attorney?

Court appointed attorney never contacted defendant, only when COA came back as affirmed defendant was notified. This is a Sexual Assualt case of a minor. Where defendant received 50 years no DNA on 1 count of aggravated sexual assault and 3 counts of indecency.

Roy Lee Warren answered on Aug 14, 2019

I am sorry for your troubles. Yes he can proceed pro se. But it would be best to seek legal help from one of the legal agencies. I will post the websites for those that assist people on criminal cases.

Google "Thurgood Marshall School of Law Innocence Project" (TMSLIP).

This...
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Q: Our Georgia attorney lost our probate caveat due to his inability to do what we asked! Then dropped my wife from

The contract which was contingent on winning and if it went to appeal he would be there for her?

Bruce Alexander Minnick answered on Aug 12, 2019

Is there a question in here somewhere?

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on

Q: How would I go about making a motion to vacate a judgement renewal in lodi ca?

This judgement is almost 10 years old come sept and they have filed a renewal of judgement. I haven't heard from these people in over 9 years at least. It wasnt on my credit or anything and now they have gone form 2100 to 9000 in jidgement request. How do I get this stopped?

William John Light answered on Aug 11, 2019

You don't. They are entitled to renew every 10 years. If you want out from underneath the Judgment, pay it, negotiate a settlement, or file for bankruptcy.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on

Q: i was sentenced 2 days ago my attorney talked me into taking plea and he knew i was innocent i must appeal

i am 100 % innocent my attorney told me that if i took deal my son would get released that day if i didn't he was gonna do years and so was i and all i was supposed to get was 52 weeks parenting classes and 90 days workrelease and what i got is 52 weeks child abuse class 180 days workrelease a... Read more »

Dale S. Gribow answered on Aug 11, 2019

more info needed.

What court are you in?

i assume you had a court appointed attorney. Maybe call for the head PD of that office and explain the facts and what you want to do.

i assume the evidence suggested you or your son committed the crime. if you were successful in...
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2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Personal Injury for California on

Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?

a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »

Dale S. Gribow answered on Aug 9, 2019

more info needed.

are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.

you can probably still sue for negligence, battery, intentional infliction of emotional distress etc

is it within 3 years of the incident.????

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on

Q: (FL) Can a plea still be valid/stand if it was rejected at the time it was offered, but the facts provided were wrong?

A plea was offered 7 months ago of 29 years with no minimum mandatory. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that... Read more »

Terrence H Thorgaard answered on Aug 8, 2019

I believe it's too late to appeal unless you first move to set aside the conviction. I suggest you get an attorney to file the motion and an appeal if the motion is denied.

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Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Maryland on

Q: Can the Maryland Circuit Court award monetary refund of expenses and District Court fines in a successful appeal of ..

.. an Automated Traffic Camera citation? County video evidence shows citation was issued in violation of MD Code §21–202.1. (b) (2) [Oct. 2018] but was not addressed by District Court Judge.

Mark Oakley answered on Aug 5, 2019

You can get any fines and costs paid/posted in District Court either credited toward any fines/costs imposed in Circuit Court, or refunded to the extent they exceed those imposed in Circuit Court or you are found not guilty. However, you will not get the appeal filing fee back.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on

Q: I need help please here. I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing

In the 9th or 11th courts I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing due to the states witness declared he was coerced by the state without manifest necessity. To tell you the truth I’ve tried for three days now and my mind can’t take reading... Read more »

Keith Upson answered on Jul 31, 2019

I am not entirely convinced this question wasn't posted by a bot of some sort, but interestingly sometimes it can be really difficult to practice law competently. There are literally dozens of qualified appellate attorneys all over the state of Florida who would be delighted to provide a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on

Q: My husband was assigned lawyers after his pd filed an appeal. I can't find his case even with the search engine.

He had complaints about how the prison has been treating everyone in their block. I turned it into the state and they were going to forward the complaints to a doc official. Now his visitation has been blocked and he is not calling me. I want to know how his appeal is going to figure out if he was... Read more »

Keith Upson answered on Jul 31, 2019

This is one of those things that is really easy to do, after you've done it once. Each of Florida's five district courts of appeal have their dockets online: once you know which district he's in, you just put the case number or his name in and you can see the current status.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on

Q: I was seeing if someone is able to help with a appeal case

Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Gov & Administrative Law for Tennessee on

Q: The building codes dept condeamned my house without notice to bring it up to code. They came on my property without perm

Is it legal. My kids are disabled. They are not giving them time to come in compliance nor the opportunity to come up to code although there are other properties as bad or worse. Would this be harrassment and what can I do?

Anthony M. Avery answered on Jul 29, 2019

It is not harassment. But you must hire a competent attorney to file a Writ of Certiorari in Chancery Court immediately to enjoin and declare the administrative action illegal. After reading the Codes, you might complain to the City or County Codes Office, but it will be futile. You must act... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for New York on

Q: I'm a pro se litigant and need to write a reply brief in the US Court of Appeals for the 2nd Circuit. Any examples?

I would just like to see what a typical brief looks like (table of contents wise) so I know how to organize my argument. Thank you.

Charles Oliver Wolff answered on Jul 22, 2019

Search at scholar.google.com. You'll get plenty of examples!

1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on

Q: How can I apply to take curatorship away from the one currently in place?

She is a distant relative and before the hearing the judge had already made his decision based on the lies they told about the son and daughter. She has fought the daughter who is undercurator about everything per her lawyer. If family wants anything including photos we are told we have to... Read more »

Ellen Cronin Badeaux answered on Jul 21, 2019

Another relative needs to hire a family law attornry to file a Petition to change the curator and for an accounting.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Georgia on

Q: What kind of lawyer do i need if I've been unfairly treated by dept of family and children and want to appeal termina

I want to appeal termination of my rights

Homer P Jordan IV answered on Jul 19, 2019

You can take your case to any family law attorney. They will review the facts of the case and see if there is anything they can help you with. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on

Q: Time served was not applied. Is there a petition to file to ask court to deduct that time?

Cayley Turrin answered on Jul 14, 2019

Ask your attorney to file an agreed order to add time credits.

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