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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for California on
Q: Waiting on an appeal since April last year. Just wondering is there any updates. Cuevas- Figueroa Enrique 9th circuit
Maurice Mandel II
Maurice Mandel II answered on Jul 14, 2020

You are asking the wrong people. You should be contacting your own attorney for this information, or looking your information up on the Court's website or PACER.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do I find out about felony convictions?? (Court records, transcripts, verdict, appeal info, etc.)?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Jul 12, 2020

Try this website for some of those things - www.cocourts.com

1 Answer | Asked in Appeals / Appellate Law for California on
Q: California Civil action, Defendant dies. Case is currently in the Appellate Court

At a trial court for a civil proceeding, if a defendant dies, the onus is on the plaintiff to initiate various actions, these requirements are spelled out in:

1. Probate Codes 550-554,

2. CCP Sections 337.40-377.42, and

3. Part 4 (commencing with Section 9000) of Division 7... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 11, 2020

The rules regarding practice before the Court of Appeals are located in the California Rules of Court. They are complex, and there are filing deadlines that are very strict- if you do not file on time, your appeal is dismissed. The Civil Code sections you cite are for the time to bring an action... Read more »

3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: If an appeals court dismisses a charge of stalking, can the counnt of false statement continue as charged and valid

while being questioned by a kohls investigator, about a stalking incident, def stated he never saw or met the victims b4 said incident. def was arrested for giving a false statement, due to a video survailance showing him talking to victims 2 weeks prior. def. state he sincerely didnot remember the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

Something tells me that you don't have the facts straight. First, a Kohls investigator does not work for the government, so a statement to a private individual is not a statement to the government. Next, your facts indicate that the Court of Appeals considered your arguments about the false... Read more »

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2 Answers | Asked in Social Security and Appeals / Appellate Law for Tennessee on
Q: My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

New lawyer or start over as I'm still having an increase of issues/surgeries?

Thomas Carter O'Brien
Thomas Carter O'Brien answered on Jul 9, 2020

That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Missouri on
Q: I had won my case there was some miscommunication and the the bills and utilities werent added would i be safe to appeal

the bills and utilities werent added to the final total awarded. would i be safe to appeal and get the remainder of the money owed to me? or would i be able to file another small claims, and go through it that way?

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter, it could depend on context. What type of case was it? Were those elements material and significant? What was the error or oversight resulting in their omission? Was the evidence withheld?... Read more »

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: found guilty [ petition show cause civil ]-ordered to pay , do you have legal right to appeal in va?

after found guilty ,ordered to pay by certain date , 90 days jailed without bond ,is that considered a final decision? - .judge did not sign case as final, untill after the arrest was made-after did not pay - by date given - . clerks office explain can not appeal case, not signed by judge as... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 8, 2020

First, I am not a VA attorney. That said, I do not think you have a final judgment, yet. I assume that you were found "guilty" of civil contempt, and I assume that was for not paying child support. Unless a finding of civil contempt is separately appealable (by VA statute or rule) that is... Read more »

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: how to filed a appeal to remove a case from court because of legal representation didnt do there job, start from scratc.

I have 6 days to filed and it's a civil case and my proof never was given to the court or did my attorney exchange information with the other attorney. Also my attorney lied and said I was out of country for 2 weeks and cant do any deposition or arbitration of any, and my attorney ask to... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 7, 2020

If your case was not properly presented because of your trial attorney's missteps and perhaps other related issues, that could be some of your issues on appeal. That is, among your claims for relief before the appellate court, is to have your case remanded to the trial court to hear your side.... Read more »

1 Answer | Asked in DUI / DWI, Traffic Tickets and Appeals / Appellate Law for New Jersey on
Q: I would like to file a motion to seal records of a NJ Supreme Court/Appellate Division. Where do I file?

This court order stemmed from my appeal of a Motor Vehicle decision to suspend my license when receiving out of state information. I am finding it hard to have such information on immediate search engines when my name is "searched". It is affecting my ability to obtain the level of... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jul 6, 2020

It's public information by law.

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(says 1,000 characters? )

This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.

I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2020

more info needed.

i am confused with the facts.

you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.

OR better yet, contact the lawyer who represented you.

s/he will be able to explain what happened and have all the facts.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: I was denied unemployment benefits because my employer said that I was in unacceptable attendance. But the reason so

Was that I got sick with no insurance but I did go to my local clinic to get checked out..remind you this was the time when the covid-19 pandemic began...I was told not to return till I got a doctor's note to verify that I did not have covid-19. In which I did so from my local clinic.. Is it... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2020

With only the facts as stated in your question, I would "yes" for an appeal.

1 Answer | Asked in Appeals / Appellate Law for Utah on
Q: when you file an eviction appeal how long will it take be to be enforced?
Charles William Michaels
Charles William Michaels answered on Jul 2, 2020

Ordinarily, any appeal does not stay the judgment of the lower court, if this is what you're asking.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Support and Public Benefits for California on
Q: I've had money taken from me for A child that's not mine from over 20 years and they're grown I want my money back

My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: My son had an appeal and an appeal reads not final until disposition of timely filed motion for rehearing .

I need an affordable appeals lawyer .

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

Yes, and your attorney needs to file a motion for rehearing in the original (trial) court, ASAP.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: I was just wondering what happens next after the appellate court receives an appeal order
Charles William Michaels
Charles William Michaels answered on Jun 29, 2020

The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before... Read more »

2 Answers | Asked in Appeals / Appellate Law for Michigan on
Q: Do I have to follow sentence of probation if I file an appeal?
Brent T. Geers
Brent T. Geers answered on Jun 29, 2020

Yes you do. An appeal doesn't not stop an active sentence, with few exceptions.

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2 Answers | Asked in Appeals / Appellate Law for Ohio on
Q: While incarcerated waiting on early release but your appeal comes before your early release do you have to

Wait in prison till appeal is done

Matthew Williams
Matthew Williams answered on Jun 29, 2020

If you are granted an early release while your appeal is pending, you will still be released.

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2 Answers | Asked in Appeals / Appellate Law and Education Law for North Carolina on
Q: I am a student at college and they believe I have cheated on an assignment, should I plead guilty or take a hearing?

I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 28, 2020

I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... Read more »

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: HI everyone can you appeal a bench trial decision by a lower court if the appeals court sent it back.,
Charles William Michaels
Charles William Michaels answered on Jun 25, 2020

It depends. If the appellate court sent the case back with instructions to do such-and-so, and the lower court did not follow those instructions, I would say yes.

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