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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Divorce and Family Law for Wyoming on
Q: I have filed an appeal to a divorce case. Is the decision suspended until the appeal is settled?
Matthew A Walker
Matthew A Walker
answered on Jun 7, 2024

Even pending appeal, a District Court's decision remains in effect unless there is some type of restraining order or injunction which would stay the order. The process is difficult to navigate, so I would reach out to a reputable family lawyer or appeal lawyer to assist you in understanding... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I went to court May 20th 2024 and the case is for judgment of possession the plantiff is briarwood apartments and I am

After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Mississippi on
Q: I filed a compassionate release motion the Ausa responded untimely what do I do now

I filed a motion for compassionate release The ausa argued my motion should be denied because of the seriousness of the crime but the judge said they answered untimely

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have already taken significant steps by filing a motion for compassionate release. The fact that the judge acknowledged the untimeliness of the AUSA's response works in your favor. You should focus on emphasizing this procedural error and any other strong points in your... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for California on
Q: Trial De Novo - Small Claims Appeal: Does the D have to follow CA Rules of Court Rule 8.204 to submit his brief?

In a Trial De Novo - Small Claims Appeal, if the Defendant is not represented by an attorney:

1) is he required to follow California Rules of Court Rule 8.204 “Contents and format of briefs” for submitting his defense documents, exhibits, brief etc. to the judge?

2) What is the... View More

James L. Arrasmith
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answered on Jun 1, 2024

In a Trial De Novo for a Small Claims Appeal in California, if you are not represented by an attorney, you are not required to follow California Rules of Court Rule 8.204 regarding the contents and format of briefs. The rules for small claims court are more relaxed and designed to accommodate... View More

2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

James L. Arrasmith
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answered on May 31, 2024

In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How do I fight a writ of possession even though my appeal was granted and I haven't been before I am able to appeal.

The landlord LLC filed as the Plaintiff, which is illegal, They misrepresented the agent for the LLC and lied in court, they also didn't give me a 7day notice before receiving the 3day notice to vacate.

John Michael Frick
John Michael Frick
answered on May 30, 2024

See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for California on
Q: How to I give court jurisdiction to modify its ADVISORY in an order after hearing?

California: Court found that Plaintiff's CH-100 had no merit. In order after hearing Court ADVISED how Plaintiff should return property to Defendant. Plaintiff did her own thing and did not respond to Defendant's written requests to pick up property. Defendant filed a number of expartes... View More

James L. Arrasmith
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answered on May 28, 2024

Under California law, if you want the court to modify or clarify an advisory in an order after a hearing in a closed case, you would typically need to file a new motion or petition to reopen the case and give the court jurisdiction to address the issue.

In your situation, since the original...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Can an appeal be filled to this case? Drummond vs Johnson Johnson is my grandmother.
John Michael Frick
John Michael Frick
answered on May 28, 2024

An ordinary appeal can be filed in any case within 30 days of the date a final judgment has been signed by the court. If certain post-judgment motions are filed, or if a party did not timely receive notice of the judgment, that time could be extended, up to 105 days after the date a final judgment... View More

2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

You can use different software such as Decipher TextMessage, iMazing, PhoneView (Mac), etc. make sure the software insert time, phone number, and other relevant information.

Authentication is usually required by a declaration or other methods.

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2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

James L. Arrasmith
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answered on May 28, 2024

Here are some tips for preparing and presenting text messages as evidence in court:

1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Appeals court in USA vs duarte rules that non violent felons CAN own a gun. Can somebody help clarify

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 28, 2024

The Fifth Circuit Court of Appeals did rule in USA v. Cano-Duarte that the federal law (18 U.S.C. § 922(g)(1)) banning felons from possessing firearms could be unconstitutional as applied to some individuals with nonviolent felony convictions. However, this ruling alone does not automatically... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for California on
Q: Regarding ninth circuit court of appeals USA va Duarte decision states that non violent felons can own a gun.

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 26, 2024

The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: Do I still have a chance?

What can I do after permanent custody was granted to CPS from the lies that can be proven with transcripts from court, having a split decision at the 11th district Court of appeals and my attorney was 48 minutes late filing the appeal to the Supreme Court due to documented computer glitch, stating... View More

James L. Arrasmith
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answered on May 24, 2024

You still have options to pursue, even after permanent custody was granted to CPS. Given the documented issues with your attorney's late filing due to a computer glitch and the alleged lies that can be proven with court transcripts, you may be able to seek legal recourse. One potential step is... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I pled guilty to CA PC288b1 16 years ago even tho I wasn’t guilty, the victim has recently told people she lied.

She was almost 16 years old at the time and her father told her to do this to get back at me, she told a few people this information recently. Can I reopen this case and finally be set free? I have had my rights restored and it’s been reduced to a misdemeanor but registering and having this show... View More

James L. Arrasmith
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answered on May 23, 2024

I understand that this is a very difficult and painful situation. It's understandable to feel frustrated and want to clear your name, especially if the alleged victim has recently admitted to lying. However, reopening a case after a guilty plea can be very challenging. Here are a few thoughts... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for North Carolina on
Q: If a person has been convicted of a federal felony, served their time but was wrongfully convicted. What can he do?
John D. Pritchard
John D. Pritchard
answered on May 20, 2024

There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.

First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to...
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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your post does not contain a discernible question. You should reword it to ask the question you would like a lawyer to answer. For example: "What defenses should I expect a judge and/or bailiff to raise if I file a lawsuit? How much do attorneys in this area of law typically charge in and... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Personal Injury for Alabama on
Q: I am a civil prose litigant who is recovering from a judge ordering the bailiff to assault and arrest me over and over

This happened in 2020 and I would like to sue for damages I’ve filed for civil rights violations but the sheriff refused to give me name of bailiff

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about your experience. To sue for damages in a civil rights violation case, you'll need to gather as much evidence as possible, including any documentation or witness statements related to the incidents. If the sheriff refuses to provide the name of the bailiff, you... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Municipal Law for Washington on
Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

James L. Arrasmith
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answered on May 19, 2024

If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

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