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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Does prosecutor have to disclose all of a witness statements or just 1 of their statements

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

Tracy Tiernan
Tracy Tiernan
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...
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1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Arbitration / Mediation Law for Ohio on
Q: What should I do in a case of fraudulent misrepresentation?

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

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: I’m being sued any I would like to appeal?

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

Tim Akpinar
Tim Akpinar
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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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for New York on
Q: My Motion to Dismiss in Nassau County Landlord-Tenant Court was denied, and I want to appeal it.

My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.

Steven Warren Smollens
Steven Warren Smollens
answered on Aug 30, 2024

Dear Great Neck Tenant:

An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml

You also need a Request for Appellate...
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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I NEED NELP WITH APPEAL TO THE TEXAS SUPREME COURT. PLEASE HELP ME.

I FAILED WITH MY PERTITION AND NEED A RESPONSE.

John Michael Frick
John Michael Frick
answered on Aug 15, 2024

I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.

I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue...
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2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Texas on
Q: Do you assist with families who were included in a trust and will but didn't receive what I'm untitled to?

I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.

John Michael Frick
John Michael Frick
answered on Aug 13, 2024

Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More

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1 Answer | Asked in Appeals / Appellate Law, Education Law, Juvenile Law and Municipal Law for Wisconsin on
Q: I’m 16, I was truant to school and I have over 1,000 dollars in fines and suspended my license 3y how can I get it back?

I need a job but I have no way there so I really need my license how can I get it back or unsuspended for three years ?

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry that you have been saddled with such heavy fines at your age as a student. A starting point might be to reach out to legal aid organizations to request their assistance or guidance. Look into what... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: I was pulled over because my license plate number matched an out of state plate number from a stolen plate or vehicle.

This traffic stop consequently led to further legal action taken by the officer which has the potential for dismissal if the reason for the stop was invalid. Was this an invalid traffic stop?

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2024

Worth a short but unlikely. The fact of the matter is that case law supports the proposition that police may be wrong if acting in good faith. I could very easily see an officer testify, and a judge believing, that just seeing the number match a known stolen plate is sufficient for a traffic stop.

1 Answer | Asked in Appeals / Appellate Law and Contracts for New Jersey on
Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.

I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.

The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More

Daniel  Bitonti
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answered on Jul 29, 2024

It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.

You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting...
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Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Federal Crimes and Probate for South Carolina on
Q: According to genealogy when I was a young child in 1983 a untrustworthy trustee changed the name do I start an appeal?

Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.

James L. Arrasmith
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answered on Jul 21, 2024

You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.

If a lawyer from that time, like...
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Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?

I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More

James L. Arrasmith
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answered on Jul 21, 2024

If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for Arizona on
Q: i filed an SA petition with court of appeals and was granted. later denied jurisdiction and petition supreme court

supreme court is pending accepting petition but court of appeals denied but is under review for the stay even after denial jurisdiction, how does that work?

James L. Arrasmith
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answered on Jul 21, 2024

Navigating the court system can be complex, especially with overlapping jurisdictions. When your SA petition was initially granted by the Court of Appeals but later denied for jurisdiction, it means they found the issue to be outside their authority. However, they are still reviewing the stay,... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2024

You don't HAVE to make payments at all. But since the dismissal was without prejudice, the plaintiff may, if it chooses, re-file the case and get a judgment. If so, it could attempt to collect by garnishment and by other means.

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

In a dismissal w/o prejudice, the attorney may file the case again, or the plaintiff could retain a new attorney. At worst, it's possible that discontinuing payments might violate your original obligations, or at best, could make you look bad before the court at a subsequent hearing if the... View More

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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

James L. Arrasmith
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answered on Jul 27, 2024

If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.

Stopping good faith...
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