Appeals / Appellate Law Questions & Answers

Q: Can a judge deny expungement due to a failed drug test during probation?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Wisconsin on
Answered on Apr 19, 2018
William F Sulton Esq.'s answer
The law is that you must successfully complete your probation. That differs from whether you were revoked. But given that you were not revoked, I have question about why your case ended up back in front of a judge. Expungement is supposed to happen automatically when the clerk of court receives paperwork from the probation office. Because you were not revoked, I wonder why clerk of court did not expunge the record. It sounds like a mistake on the clerk's part.
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Q: Does a search warrant have to have receipt and return numbers on them like date filed and returned time and date?

1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Answered on Apr 17, 2018
Timothy Denison's answer
Yes. There is an inventory of items seized that the officer fills out. You should hire an attorney to make a motion seeking to unseal the search warrant and affidavit. At some point, it will likely be unsealed.
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Q: I am curious about double sentence enhancements.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Apr 16, 2018
Andrew Bennett's answer
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local attorney to see if a Post Conviction Remedy can be filed.
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Q: Is either party allowed to appeal a trial court's ruling?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Apr 16, 2018
Michael David Siegel's answer
Yes. Sometimes both do.
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Q: Am I allowed to introduce new information during an appellate proceeding do must I rely on what existed at the trial

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Apr 15, 2018
Terrence H Thorgaard's answer
You are normally limited to the evidence that was introduced at trial.
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Q: How do I get an appeal application? Or a petition of whatsoever?

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Answered on Apr 12, 2018
Tyler Carey's answer
Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.

Consult with a local appellate attorney in a timely manner! If not, you could have waived your rights.
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Q: Would I have to pay the same lawyer that is representing my son on him murder case to do his appeal if I have chosen?

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Answered on Apr 10, 2018
Steve Miyares' answer
There are several issues that could impact the answer to your question. Is your son’s attorney court appointed, or was he retained. If he was court appointed and your sone still qualifies for court appointed attorney, then the court will decide which attorney to appoint for any appeals. If your son’s attorney was retained, then you would need to refer to the terms of the retainer agreement to see if the representation included any appeals. Regardless of whether represented by a court...
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Q: My license suspended in 2012, just got re-suspended after I paid, and 6 years later. Is that legal/fair?

1 Answer | Asked in Traffic Tickets, Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Apr 8, 2018
Andrew Bennett's answer
You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving privilege.
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Q: I'm looking for case law involving a motion to vacate due to attorney fraud. The lawyer in question plead guilty.

2 Answers | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Legal Malpractice for Tennessee on
Answered on Apr 5, 2018
Bennett James Wills' answer
Tennessee rule of civil procedure 60.02.
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Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

1 Answer | Asked in Employment Law, Workers' Compensation, Appeals / Appellate Law and Health Care Law for Texas on
Answered on Apr 3, 2018
S. Michael Graham's answer
Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney. Good Luck.
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Q: Should a petition for Writ filed in court appeals be different from one filed superior

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Mar 28, 2018
John Toby Schreiber's answer
Actually, trial court orders denying a petition for writ of mandamus are usually appealable and begin by filing a notice of appeal in the trial court within 60 days of notice of the entry of that order. There are exceptions to that rule, such as proceedings brought under the Public Records Act, and under Business & Professions Code section 2337, which limits appellate review of a trial court decision revoking, restricting, or suspending a license, to petitions for writ of mandate, prohibition,...
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Q: What issues differentiate a De Novo review from a Independant review?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Answered on Mar 26, 2018
John Toby Schreiber's answer
De novo review and independent review are actually generally the same thing. They both refer to the standard of review used by the appellate court concerning an issue of law. Issues of law include interpretation of a statute, constitutional provision, ordinance, or regulation, or interpretation of a contract clause when there is no conflicting testimony as to what the clause means. There is also an issue of law on appeal and therefore independent or de novo review when the facts are...
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Q: DESCRIBE ERRONEOUS FRAUD ?HOW DOES IT DIFFER FROM EXTRINSIC T FRAUD?

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Answered on Mar 26, 2018
John Toby Schreiber's answer
Extrinsic fraud or mistake is the type of fraud or mistake that prevents a party from participating in the proceedings in the trial court. An attorney (or party if unrepresented) is not provided notice of a motion hearing date or a trial date and therefore literally is unable to participate in the proceedings at that time. The other type is known as intrinsic fraud and that is based on the subject matter of the case. There, if a party makes a misleading or false statement, the other party...
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Q: Can you appeal an arbitration decision to a regular court under certain circumstances?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Mar 26, 2018
Jack Ternan's answer
Sort of. There is a method of challenging arbitration awards in court, but it is not technically an appeal. It is difficult to overturn an award in court.
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Q: DWI/ Reckless plead guilty got min on DWI. Reck.. charging extra for appeal. When i wanted to deal both the same day.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on
Answered on Mar 20, 2018
Steve Miyares' answer
Your attorney is in the best position to explain what happened in your case. Depnding on the facts of your case,therecould be any number of reasons why your attorney might have pursued a particular defense strategy. The attorney who represented you should be able to explain to you his reasons for pursuing a particular defense strategy based in your specific situation.
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Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Answered on Mar 18, 2018
Lucas Wynne's answer
You're divorced, an appeal won't impact being divorced.
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Q: My Son is incarcerated under a name and social security number not belonging to him. Is the conviction legal?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Answered on Mar 13, 2018
Baskin Lowber Jones' answer
It depends. It may be worthwhile to have a local attorney review the case. Often local attorneys offer a free consultation.
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Q: If you lose an appeal can you appeal again?

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Mar 9, 2018
Israel Piedra's answer
Most likely, no.
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Q: i Need help with a divorce case and a second option on an appeal process. And husband not following court orders.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for Ohio on
Answered on Mar 8, 2018
Joseph Jaap's answer
The divorce process and legal system can be frustrating and slow. You have a lawyer, so discuss this with your lawyer. But the lawyer must follow the legal process, as slow as it is, and not much can be done to speed anything up.
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Q: Code Compliance Violation regarding my dog being "at large"

1 Answer | Asked in Animal / Dog Law, Criminal Law and Appeals / Appellate Law for California on
Answered on Mar 5, 2018
Dale S. Gribow's answer
To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.

It is the same as using the adage for using a computer... “JUNK IN, JUNK OUT”.

who represented you when you went to court on this last time?

what are they saying your dog did?

they don't normally recall something unless it was a bench warrant....
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