Appeals / Appellate Law Questions & Answers

Q: Appeal custody case

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Jun 18, 2018
Bennett James Wills' answer
You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.
View Details »

Q: Need help with appealing a eviction judgement that was unlawful

1 Answer | Asked in Appeals / Appellate Law for Missouri on
Answered on Jun 17, 2018
Ronald J. Eisenberg's answer
I am sorry that a judgment for possession was entered against you. You have not given any explanation as to why you believe the judgment was "unlawful." Regardless, I suggest you begin making quick plans to vacate if there has not yet been an execution. You could contact legal services in your area, but realize that it is not easy to find free representation, especially if an appeal to the court of appeals is necessary.

The fact that you and your sons are disabled is sad and I...
View Details »

Q: How long in an AZ appeal with the dependency court do you have to file a reply to a reply brief of an atty general?

2 Answers | Asked in Appeals / Appellate Law for Arizona on
Answered on Jun 17, 2018
Kai Michael Henderson's answer
This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of Procedure for the Juvenile Court (ARPJC). I am assuming that the question refers to the A.G.'s Answering Brief, but provide a brief note if the questioner meant what they wrote.

The Reply Brief...
View Details »

Q: When declaring someone in Arkansas's address. What should law enforcement go by?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Answered on Jun 12, 2018
Stewart Whaley's answer
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
View Details »

Q: If the judge struck 12022.53 (d) and kept 12022.53(e) 1 did that mean that (d) was not proved

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jun 12, 2018
Dale S. Gribow's answer
much more info needed.

i assume you had a private or court-appointed lawyer and you should ask that lawyer.

it could mean there was not enough proof or the judge gave you a break and dismissed one count in the interest of justice???
View Details »

Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Answered on Jun 11, 2018
Glenn Neiman's answer
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
View Details »

Q: Judges n Courtrooms

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jun 10, 2018
Dale S. Gribow's answer
much more info needed.

1 judge and 1 courtroom per case........

on an appellate level, often 3 judge panel
View Details »

Q: Do I need to file a Notice to Appeal for every Order contained in a Plaintiff's Notice of Entry?

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Answered on Jun 10, 2018
Michael David Siegel's answer
You can file one Notice of Appeal but it must properly reference each order you are appealing.
View Details »

Q: How may I apply for a supersedeas bond eithout a lawyer?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on Jun 8, 2018
David Edward Boyle's answer
You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.
View Details »

Q: My daughter won her appeal, however the court still is withholding the children.How long can this go on?

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Pennsylvania on
Answered on Jun 7, 2018
Cary B. Hall's answer
Unfortunately, it's impossible to answer your question without knowing all of the facts of your daughter's case. Presumably it's a dependency case, with Child & Youth involved? Troubling perhaps that her attorney agreed to continue the kids in placement for another 30 days if Children & Youth are simply grasping at straws now -- but if the judge was going to order that anyway, it might've been a strategically tactful decision. Typically, once Children & Youth get their claws into you, they...
View Details »

Q: Did the court of appeals rule that sex offenders rules of community supervision change

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
The Michigan Court of Appeals has no authority to control the law in Tennessee.
View Details »

Q: The trial court that heard my case issued a "final order." Does that mean I can't appeal higher?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Jun 4, 2018
Gary Kollin's answer
It is the court's final order. Generally, you need a final judgment before you can appeal.

If you are representing yourself, that idea must be questioned as your knowledge of routine matters is deficient.

If you have an attorney, you should be addressing these questions to your lawyer.
View Details »

Q: I was On the beach and was written up for pass consumption without being Breathalyzed ? Is it worth fighting ?

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Answered on May 29, 2018
H. Scott Aalsberg Esq.'s answer
Depends on the exact violation you were charged with.
View Details »

Q: I’m looking for an affordable criminal appeals attorney in Indiana and wondering who could help that’s affordable?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Answered on May 29, 2018
Andrew Bennett's answer
To find the best lawyer closest to you it would be best if you listed where in Indiana your case is that you would like to appeal.
View Details »

Q: Can a sex offender get off probation early with no violations, being a level 1 sex offender?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Answered on May 28, 2018
David Edward Boyle's answer
Yes, file a motion to terminate your probation.
View Details »

Q: I’m looking for case law in California to support spousal support and distribution of assets for marriage of 43 years

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for California on
Answered on May 27, 2018
Tobie Brina Waxman's answer
What do you mean you are looking for case law? Case law that says what? What is it you are trying to establish? What is the basis for your appeal? Are you claiming the judge made a mistake? Are you claiming the evidence did not support the decision? What error do you believe was made that warrants the appeal?
View Details »

Q: Need a change of Venue form for Tennessee, and how to file a harrassment

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Tennessee on
Answered on May 25, 2018
Anthony Marvin Avery's answer
I would put together any paperwork or charges that resulted from these apprehensions. Then seek out a competent Civil Rights Attorney. Without an Arrest, your case for Damages is not good, but it does make it more likely you will win a Government Tort Liability Act suit. After filing suit , you might discover his Incident Reports or the Dispatcher's Logs.

If you have less than a perfect record, it may not be worth pursuing. Act fast as only a year to file is allowed.
View Details »

Q: If I win a judgement and they appeal the case can I be compensated any more

1 Answer | Asked in Appeals / Appellate Law, Contracts and Landlord - Tenant for California on
Answered on May 24, 2018
Salim U. Shaikh's answer
Please share complete information w/r to nature of suit. Judgments are subject to Appeal where only factual or procedural error if made by the lower court could be rectified, reverted or decision upheld. You must contest appeal through your Attorney.
View Details »

Q: ” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for California on
Answered on May 22, 2018
Peter Munsing's answer
Read it and see for yourself: https://scholar.google.com/scholar_case?case=836093554391354911&q=rko+v.+weirum&hl=en&as_sdt=6,39&as_vis=1
View Details »

Q: Got subpoena @6am from Gault Financial llc. i've no idea what this is for, process server gave me sheet w/court date

1 Answer | Asked in Consumer Law, Appeals / Appellate Law, Collections and Identity Theft for Tennessee on
Answered on May 22, 2018
Leonard Robert Grefseng's answer
A subpoena is a court order requiring you to appear in court. The "issue" date is simply the day the subpoena was sent out by the court clerk. Somewhere on the document it tells you when and where to appear and perhaps what, if anything , you need to bring with you. Keep calling the attorney - he will know why you are being requested to come to court.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.