Appeals / Appellate Law Questions & Answers

Q: can a conditional dismissal be appealed?

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Answered on Oct 22, 2018
William N. Sosis' answer
Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and timetables so if you want to appeal act fast and contact an attorney for a no-cost consultation.

Q: Should a defense lawyer request a Frank's hearing, address Brady, Giglio claims before filing for motion to suppress?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.

Q: Can I move out at 17 with parental consent?

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
You would need to file for emancipation.

Q: I just lost custody of my kids after a nasty divorce from my wife. How do I start the appeals process?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Oct 18, 2018
Michael David Siegel's answer
You file a notice of appeal in the court that ruled, and then perfect the appeal in the Appellate Division. It is expensive, and you are very unlikely to succeed. Factual issues are only overturned if arbitrary, and custody matters are all factual.

Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law for New York on
Answered on Oct 16, 2018
Michael David Siegel's answer
It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.

Q: Need Famous Federal cases that prove reprisal in the workplace?

1 Answer | Asked in Gov & Administrative Law, Contracts, Employment Law and Appeals / Appellate Law for California on
Answered on Oct 16, 2018
Timur Akpinar's answer
There is an online resource for finding cases called PACER (Public Access to Court Electronic Records).

Tim Akpinar

Q: I need to help my 22 yr old son file a rule 35 by October 23rd and cannot find the forms or which ones to use and how

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
Your son's name

Address & Phone Number

IN THE DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ________

STATE OF IDAHO, ) Case No. ________________

)

Plaintiff, )

)

vs. ) Rule 35 Motion for Relief

)

YOUR SON'S NAME. )

______________________)

COMES NOW (SON'S NAME), In propria Persona,...

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks more meaningfully at the concept.

Tim Akpinar

Q: If an inmate escapes and receives 6 mths added to sentence can the jail also refuse to give good days and reclassify ?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Tennessee on
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.

Q: im trying to appeal my unemployment benefits

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Oct 11, 2018
Peter Munsing's answer
You haven't said why or what grounds. First get the appeal in before the deadline--you can always add to it.

If you can't afford an attorney, contact North Penn Legal Services. https://www.northpennlegal.org/

Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on
Answered on Oct 8, 2018
Matthew Williams' answer
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate...

Q: Can I appeal at protective order

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Answered on Oct 4, 2018
Mark Oakley's answer
You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not appeal an order they consented to. You’ll have to carefully review the specific statute your protective order was issued under (peace order or domestic violence order) and see whether there is anything...

Q: Can I appeal a restraining order against me.

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on
Answered on Oct 1, 2018
Dale S. Gribow's answer
Need more info

Was this criminal or family law proceeding?

When did you get notice of proceeding?

Why didn’t you have a lawyer?

Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on
Answered on Sep 29, 2018
Donald Arthur Hilland's answer
How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme court is like every court, except that you probably have to file online, but more and more courts are doing that anyway. But remember there are strict time limits for filings. Of course, there also...

Q: Is there free lawyers who are willing to help serve justice in reinstating parental rights that proves purgury in case

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Sep 26, 2018
Angelina Bradley's answer
Not likely. In LA, Levitt and Quinn does sliding scale work but I don’t know if they do appeals.

Appeals are time consuming, expensive, and most cases result in the trial court’s decision being affirmed.

That doesn’t mean don’t try. It does mean you have an uphill battle. Good luck.

Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Indiana on
Answered on Sep 25, 2018
Alexander Florian Steciuch's answer
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what is happening with the case and if it has been dismissed.

Q: What should I do if I plead guilty in a case because my attorney misinformed me and I was not aware of my rights?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Sep 25, 2018
Gary Kollin's answer
You would need to seek post conviction relief or 3.850 or if timely, a motion to withdraw your plea.

You need to retain counsel as soon as possible

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