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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

1 Answer | Asked in Appeals / Appellate Law and Immigration Law on
Q: Can I appeal if my CRBA is denied?

I came to the USA in 2014 and i got my citizenship in 2018. I had a baby out of wedlock in a foreign country 2019 and I applied for CRBA but the application was denied. The letter giving to me says that I didn't provide enough evidence that I have lived in the United States for 5 years before... Read more »

Adan Vega
Adan Vega answered on May 6, 2021

The federal statute requires that you present proof that you resided in the U.S. for 5 years (2 years after the age of 14) prior to the birth of your child (out of wedlock) in 2019. If you can not present such evidence then the CRBA will not be approved.

Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Kentucky on
Q: if i was in rehab 2019 and my rights werte terminated what can i do
Timothy Denison
Timothy Denison answered on May 1, 2021

Depends on whether you were properly served with the petition for termination while you were in rehab.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: My appeal been denied, can I take my case back to trial still?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

No, the best time to dispute the facts of the case is before you are convicted or take a plea.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options exist when TRAP Rule 25.2(a)(2)(d) requires a case be dismissed but the CoA issues a mandate anyway?

The verdict was affirmed by the CoA, so it would be to the Defendant’s advantage to void the appeal. Mandate issued 3 or so years ago. Is there an option for addressing the issue besides a habeas writ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This doesn't slant the way you seem to think it does. The rule says: "If the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal [...] The appeal must be dismissed if a certification that shows the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?

Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 24, 2021

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... Read more »

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1 Answer | Asked in Immigration Law, Appeals / Appellate Law and Federal Crimes on
Q: my ir1 case was refused with INA212A3B clause after 2yrs of AP and we filed mandamus......i need help and advice..

My wife filed for me in 2016...had interview in 12/12/2017 And was approved but placed in administrative processing to verify my civil document from Nigeria high court ,after that they requested for my business ballading's of cars that I have imported from us to Nigeria since I told them in my... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Apr 18, 2021

It is necessary to discuss the reason for the findings with and to review your file. What can be done now depends on when you received the denial. If it has been over 30 days you may have no alternative but to refile.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: During this covid crisis I havent a lawyer for my case

I have A telephone court date April 20 2021 do I need a lawyer?

Tim Akpinar
Tim Akpinar answered on Apr 9, 2021

A California attorney could advise best, but your question remains open for two days, and by Monday, you're looking at about a week to find a lawyer for an April 20th court date if you decide you want to go with one. You don't indicate what type of hearing it is, and many courts are... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Immigration Law for New Jersey on
Q: Looking to retain a lawyer for a certificate of appealability. How much would it cost?
Amber Forrester
Amber Forrester answered on Apr 6, 2021

It sounds as though you want to file a writ of habeas corpus, and attorney fees vary by lawyer and complexity of a filing, so your best option is to speak to several attorneys who actually do that work to get an idea of price. Not all criminal attorneys have experience in filing habeas claims and... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

1 Answer | Asked in Appeals / Appellate Law for Idaho on
Q: Idaho law regarding appeals
Tim Akpinar
Tim Akpinar answered on Apr 1, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. Don't lose any more time waiting for a response. Reach out to attorneys without further delay. Nationwide, the timetables for filing appeals tend to be short, within the order of days. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Is it possible to obtain a Certificate of Rehabilitation without a lawyer.

I live in MS, I want to restore my gun rights. My felony was for DUI in 2013. I'm just curious if it is possible to do this without representation.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

You can certainly do this without a lawyer. You may want to consider hiring a lawyer to simply draft the necessary documents for you, which could bring down the costs significantly.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I need to know how to write an "Order" for the Judge so the case can be moved from an eviction to a civil matter?

Appeal Court and third hearing, both Judges have made it understood there is more to this case and want to hear more from me before deciding.

I have a MOUNTIAN of evidence to prove my side and Judge will need "Order" to throw it out.

Teri A. Walter
Teri A. Walter answered on Mar 23, 2021

First, and eviction IS a civil matter. (Everything that is not criminal is a civil matter.) Unfortunately, there is absolutely no way to know what actions are necessary without reviewing the whole file to figure out what the problem(s) is. Frequently when a judge says that there is "more... Read more »

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: How do I file an criminal appeal?
Charles William Michaels
Charles William Michaels answered on Mar 22, 2021

First, I am not a South Carolina lawyer. However, I suppose a person will file a "criminal appeal" the same way as one would file any other appeal. The rule of thumb is to file a notice of appeal within 30 days of the trial court's final judgment--in criminal cases that's... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: The appeal tribunal didn’t tell me about the evidence that was against me
Tim Akpinar
Tim Akpinar answered on Mar 20, 2021

An Arkansas attorney could advise best, but your post remains open for a week, and if you're dealing with appeals as a general matter, time is usually very much of the essence in taking steps to preserve your rights. From the description, it isn't fully clear what type of matter this... Read more »

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