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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
Arthur Calderon answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
Arthur Calderon answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
Arthur Calderon answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Oklahoma on
Q: My rights were terminated in NC 3 yrs ago Im now in Oklahoma can parental rights be restored, contact, anything and how

I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »

Charles Watts
Charles Watts answered on May 12, 2022

If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »

Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Nevada on
Q: I need a lawyer that knows about filing appeals Under NRS233B.130 on an Administrative Hearing What type of lawyer?

What type of lawyer do I need?

Kevin Christopher Murphy
Kevin Christopher Murphy answered on May 11, 2022

You want an Admin. Law attorney but we are unable to assist you at this time, so you can call your local County Bar Association (Clark County, etc.) and secure a referral to qualified legal representation. However, I wanted to caution that you are required to file within 30 days of the adverse... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Nevada on
Q: disabled rights in nv. and found out estate sold all no reports
Tim Akpinar
Tim Akpinar answered on May 9, 2022

A Nevada attorney could advise best, but your question remains open for a month. The issues of the question are not fully clear. There's no guarantee every question here is picked up, but you could add a few categories and repost. That might improve your chances of an attorney in the relevant... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: can you get a pbj back once it's taken from you

I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court

Scott Scherr
Scott Scherr answered on May 1, 2022

From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
Arthur Calderon answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr. answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 19, 2022

It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story...
Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Kentucky on
Q: Ii have a court order and the mom still won't let me see my child

I need help

Timothy Denison
Timothy Denison answered on Apr 18, 2022

You should file a contempt motion against mom for violation of the court order.

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: I missed the 30 days for a appeal in Smalls claims court. What can I do?
Michael David Siegel
Michael David Siegel answered on Apr 16, 2022

No. These deadlines are absolute.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Massachusetts on
Q: If you please guilty to a felony crime in the state of Massachusetts can you appeal your guilty plea
Vikas Dhar
Vikas Dhar answered on Apr 15, 2022

Instead of “appeal”, I think you should reflect on the more general term of “seeking post conviction relief.”

Yes, after entering a guilty plea in Massachusetts, if you have sufficient grounds, you can attempt to go back and undo the guilty plea, which is often times done based on...
Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can a un indicted accomplice who didn't see the actual crime be exempt by the hearsay exemption rule?
Zachary Taylor Beck
Zachary Taylor Beck answered on Apr 12, 2022

Need more facts to answer this question. The hearsay evidentiary rule excludes out of court statements that are offered to prove the truth of whatever it asserts. If the un-indicted accomplice is available to testify, then he/she can testify, to an extent and subject to many evidentiary objections,... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: How can I find a pension attorney for my upcoming hearing the 26th. Of this month to address my appeal .

I was terminated from my job of 18 years in July of 2018 ,I got hurt on the job,and was unable to continue to do my job afterwards. I put in for accidental disability retirement and was denied January 2022 .

Tim Akpinar
Tim Akpinar answered on Apr 8, 2022

I'm sorry for your ordeal with the injury and the denial. You could search online, which you may have already done. You could check with the New Jersey State Bar Association if they have resources that could be helpful. Although this site doesn't act as an attorney referral service, there... Read more »

2 Answers | Asked in Appeals / Appellate Law and Federal Crimes for California on
Q: I have filed an an ineffective assistance of Counsel on my federal case. What happens next
Vikas Dhar
Vikas Dhar answered on Apr 4, 2022

It all depends on what type of document you have filed; is it a 2255 motion? If so, then the court will docket your motion and allow the government and your attorney sufficient time to respond. Depending on the nature of your claim, the government (or the court itself) might reach out to your... Read more »

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