Appeals / Appellate Law Questions & Answers

Q: Asking for help with a reversed conviction. Time in prison and parole complete.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Illinois on
Answered on Dec 18, 2018
Juan Ooink's answer
Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Appeals / Appellate Law for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: What can i do after a sheriff lockout eviction from a unfair unlawful detatainer.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Answered on Dec 17, 2018
Manuel Alzamora Juarez's answer
If you have been unlawfully evicted you may file a lawsuit in the Superior court of your county.

There are three things you need to prove:

1. There was a violation of a housing code by the landlord and you repeatedly complained of the violation to the Landlord.

2. You filed a report with the city Inspectors and they notified the landlord of said violation.

3. the Landlord retaliated against you by evicting you after they got the City's violation report....

Q: I have a pfa against my mil that she appealed to superior court. Do i just show up to the hearing

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Yes and no. There are very specific procedures for appeals to the Superior Court of Pennsylvania, and she must follow them to get any appellate relief at all. You too must correctly follow all of the appellate procedures.

If oral argument is requested and scheduled -- that's the "hearing" -- then yes, you would show up to that. But there are briefs, the court transcript in the trial court, etc. that must be filed first and long before that.

I suggest you speak with (and hire)...

Q: Can grandmother successfully appeal our adoption petition?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Dec 16, 2018
Cary B. Hall's answer
Zero idea, because I know zero about your case -- either substantively or procedurally -- and neither does any other attorney here on Justia. If you have an attorney that assisted you through the adoption process, however, you should pose your question to him/her. If you don't have an attorney, now is a great time to consult one if you feel you're in over your head.

Best of luck to you.

Q: My publoc defender made me pead guilty to DUI at my jurytrail because I showed up late said I'd do 90 days no bond

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Answered on Dec 15, 2018
Timothy Denison's answer
You can make a motion to set aside your plea. It is up to the court as to whether to rehear it or not.

Q: Can a motion granted by the appellate courts judge, be dismissed by a bankruptcy court judge?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.

Q: Should I file for a return of custody

1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Kentucky on
Answered on Dec 11, 2018
Timothy Denison's answer
You’d better take it slow and work the progression. If everything you say is true, the child will probably ultimately be returned to you.

Q: Yes the judge was sent a letter n saidthey found n error on my papper work,that the sentencing didnt match with the crim

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Dec 10, 2018
Dale S. Gribow's answer
MORE INFO NEEDED.

YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.

Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Answered on Dec 10, 2018
Zachary Divelbiss' answer
Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com

Q: how do I read appeals

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Dec 3, 2018
Matthew Williams' answer
In terms of actually reading them, you just read them. I’m not sure how else to put that.

In terms of finding them, there are a number of online resources. The better ones, Westlaw and Lexis, you have to pay for. But sites like this one, and google scholar will give anyone some access. You can also go to your nearest public law library for assistance.

In terms of understanding them, 3 years or law school would be best. But the most important thing to remember is that they...

Q: Mandy Bauer vs Commonwealth of Ky. After wrongfully accused and served almost 5 years before winning appeal of 20yr sen.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Family Law and Personal Injury for Kentucky on
Answered on Dec 2, 2018
Timothy Denison's answer
You may very well have a claim against the state. Consult an attorney quickly because there are strict limitations of actions on such claims.

Q: How do I get my wife removed from a court order?

1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for Florida on
Answered on Nov 30, 2018
Griffin Klema's answer
Generally, there are limited options after judgment: (1) Move for a rehearing on the summary judgment. (2) Appeal an error made by the court during the proceedings. (3) Seek to modify the judgment, but there are only limited circumstanced in which the order can be modified. See. Rules 1.530 and 1.540.

If you haven't already taking action, you may be too late to do anything. Appeals must be filed within 30 days, and rehearing within 15 days. Mistakes or newly discovered evidence don't...

Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oklahoma on
Answered on Nov 29, 2018
Pete David Louden's answer
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.

Q: How do I appeal a name change award for my son?

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Nov 28, 2018
Cary B. Hall's answer
If you do it quickly (typically 10 days after the trial court order), you could ask the trial court to reconsider its order. If you did not receive notice, file for reconsideration and say that.

Otherwise, you have 30 days after the order to file an appeal to the Superior Court of Pennsylvania.

Best of luck to you.

Q: I need help. My final appeal is today. I've called everyone. I cant find a lawyer. Would I be able to fight after

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Child Support for Louisiana on
Answered on Nov 26, 2018
Ellen Cronin Badeaux's answer
First, Justia is not a lawyer referral service. Attorneys cannot contact you from this website. Second, why would you wait until the due date for your appeal to try to find a lawyer?

Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Nov 22, 2018
Dale S. Gribow's answer
MORE INFO NEEDED

SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.

THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.

EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.

HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.

Q: How can I get a fraudulent judgement overturned. I appealed and was not given a fair day in court. Judge was totally bia

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
When you do not appear in court, you give up your right to claim that you had nothing to do with it. If you failed to appear, you were probably defaulted - which is what happens in a civil matter versus a bench warrant for your arrest in a criminal matter. When you are in default in a civil matter, it works as if everything the plaintiff said you did in the complaint is now true.

You should also review your paperwork to make sure that you were appearing for hearings in both matters. It...

Q: How can I get a fraudulent judgement overturned? I can prove this was fraud and I was NEVER involved what so ever.

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
Criminal and civil liability are two different things with very different burdens of proof. You can be civilly liable without being criminally liable. That your ex wife was criminally charged has nothing to do with your civil liability, although you may have a claim of indemnity against her for what you end up paying toward this.

More importantly, your case sounds like it's post-judgment, and you had a direct appeal. You could look into filing a motion to set aside the judgment, but...

Q: Can we get my son out he was charged with sexual but no evidence was given

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Louisiana on
Answered on Nov 11, 2018
Ellen Cronin Badeaux's answer
Your son needs a criminal attorney who has a lot more details of the case.

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