Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Your current state is Ohio
answered on Dec 30, 2024
Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More
get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More
answered on Dec 13, 2024
I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More
removed from NJ. On Nov 25 the adoption agency opposed decision as her guardian & ICPC and had her removed to live with adoptive parent in Georgia
How can they over rule judge's order?
answered on Dec 4, 2024
No competent lawyer worth his salt could answer your question without reviewing the underlying order and pleadings from the trial court and the submissions to the appellate court and its order and its statement of reasons. My suggestion is that you retain a family law attorney to review all of that... View More
the state the probation and my lawyer all agreed on a second chance extend probation Ginsburg off my terms of probation and the judge said no to that and sentenced me to jail this is my first offense and I haven’t been in trouble the four yesrs following my arrest . When an mrt was issued I had... View More
answered on Dec 3, 2024
It's hard to know your status right now. Meaning that I do not know if you are on probation right now or if you are concerned with a new charge.
If you are on probation, and need to detox, or other kind of help, your lawyer can make a motion to alter or change the details of your... View More
I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.
The landlord filed a motion-to-vacate the Court’s ruling,... View More
answered on Dec 4, 2024
I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More
answered on Nov 30, 2024
I'm sorry to hear that you're having difficulty obtaining the results of the appeal from October. Understanding the outcome of a legal matter is important, and I hope the following information helps you find what you're looking for.
Disclaimer: This response is for general... View More
These officers reports were undisclosed by prosecutor and have been suppressed since 2004
answered on Nov 20, 2024
It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More
Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.
answered on Nov 14, 2024
I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.
Ind. Code 16-37-2-2.1(r):
Before a... View More
My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More
answered on Nov 13, 2024
There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More
I have a felony and I want to know how long do I have to wait to get it off my record … the case happened in 2018 of July I got arrested in feb 19 and was in custody for 14 months out on bond for 13 months turned myself in sep 12 /22 got out oct 4/23 completely one year of parole I had .. I got... View More
answered on Nov 4, 2024
Different types of felonies have different timelines as to when they would be eligible to be expunged. To be sure, any expungment would be premised on a period of time without ANY criminal law violations. Further, the clock starts from the day you released from jail / prison / probation / parole... View More
He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More
answered on Oct 31, 2024
Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More
answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
We need to appeal a court order however the website is blocked. We are based in the UK and the court is in Kentucky.
answered on Oct 26, 2024
A Kentucky attorney could advise best, but your question remains open for two weeks. One possibility is that the court website might have restrictors that limit access beyond a given geographic radius - hence the difficulty in accessing from the UK. If that's the case, two possible options... View More
Regretfully we filed an appeal on a criminal decision ourselves without understanding the complexity of it, and very sadly our court appointed appeal lawyer wasn't helpful or even reachable. The appeal was denied for one thing and now going to Supreme Court in Michigan. Our question is can we... View More
answered on Oct 21, 2024
Did you also file what's called a Standard 4 brief? Listing issues your appointed appellate counsel may have decided not to raise? Generally, you can't add to the appeal, with the limited exception of an allegation of ineffective assistance of counsel.
Appeals are terribly... View More
a judge reversed DETRs decision to deny me benefits and on the last day for the lawyers representing DETR to file any paperwork they filed for a motion to amend judgement and it was granted and the judge sent it back to DETR for review and instead of reviewing the case as directed by the judge DETR... View More
answered on Oct 8, 2024
Based on your description, it sounds like there may have been a procedural mishandling of your case by DETR, especially if they failed to follow the judge's direction and this resulted in financial loss. You may have grounds for an appeal, particularly if the judge was not informed of the... View More
My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?
answered on Sep 20, 2024
If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More
On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements
answered on Sep 9, 2024
Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.
If you have independent proof of such a statement (in other words, the... View More
Was convinced to sign up for a service by door to door salesmen. They said it would only cost $50/mo, cheaper than what I paid at the time, & the first month wouldn't exceed $70. Told to ignore higher total when it calculated to $120. Perjuration made first bill $300+. Tried to cancel. Was... View More
answered on Sep 6, 2024
An Ohio attorney could advise best, but your question remains open for over a week. This is a mess that could require sorting out beyond what is possible with a few quick recommendations on a Q & A forum. At this point, the debt collector will require attention - either on your own, expressing... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.
In certain circumstances, a party can file a restricted... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level... View More
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