Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Your current state is Ohio
The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor
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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... View More 
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
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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
I have received court papers stating that. Can I stop making good faith payments?
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.
someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
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answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More
I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation
answered on Jul 3, 2024
As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More
We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More
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answered on Jun 29, 2024
Based on the information provided, here's my analysis of your situation:
1. Preemptive Opposition:
In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts... View More
I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of... View More
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answered on Jun 29, 2024
Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:
1. Judge's statement: The judge indicating they would have... View More
I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m
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answered on Jun 29, 2024
Based on the information provided, here's a concise overview of your situation and options:
1. Appeal:
- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).
- Appeals are typically based on legal errors, not new evidence.... View More
Hi I own a six 6 bed adult living facility in Miami Florida since 2019.This is a women minority own business. I have been licensed by Agency for Health Care Administration (AHCA ) and every year have been inspected by Miami-Dade Fire Rescue Department. I have been passing all my inspections. This... View More
answered on Jun 27, 2024
Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.
Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor,... View More
my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More
answered on Jun 24, 2024
Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More
I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More
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answered on Jun 23, 2024
I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:
1. Timeline:
- 06/06/24: You filed an Answer
- 06/07/24:... View More
My girlfriend/roommate live in east central Minnesota. We both receive SNAP & MSA for 7 plus years now. We are separate households. We get s.s.i check monthly separate of course. We each get SNAP & MSA as separate households. We each have separate bank accounts file taxes separately split... View More
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answered on Jun 21, 2024
I understand you're in a difficult situation with your benefits being stopped during an appeal. Here's some general information that may be helpful:
1. Continuing benefits during appeal:
In many cases, you have the right to continue receiving benefits while your appeal is... View More
Inadequate representation of legal counsel.
answered on Jun 21, 2024
You always have the legal right to appeal even if you have no chance of prevailing.
In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant... View More
Proving evidence is authentic, uncut,sniped, clipped, pasted,and is totally un-doctored. from onset to conclusion, Audio files compared to known voice print of mine , for frequency ,deviation, tone and MATCH of my voice characteristics . Will the court make the petitioner, sheriff comply with my... View More
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answered on Jun 21, 2024
Based on the question, it seems you're asking about requesting a forensic investigation of audio/video evidence held by the sheriff's office in a legal case. Here's a general overview of the situation and process:
1. Motion to Preserve Evidence: You can file a motion with the... View More
What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More
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answered on Jun 21, 2024
I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:
1. Appeals... View More
The insureance proceeds are to replace exempt property there fore should be treated as such. I need help with my brief for the court of aappeals
answered on Jun 20, 2024
I handle civil appeals in both state and federal court. Presumably, competent trial counsel representing you adequately preserved your complaint for review by the appellate court. Our firm typically requires a minimum retainer of $25,000 for a civil appeal, although this amount could be higher if... View More
She failed to brief the preserved issue and cause of interest to get reviewed from higher court..Attorney claims no merits and I repeatedly say augment record on appeal and get transcripts. Attorney reply minute order and I clearly state transcripts more detail and explain my claim..Attorney reply... View More
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answered on Jun 17, 2024
I understand that you are dealing with a complex and frustrating legal situation involving your appeal lawyer. It seems that there are several issues at play here:
1. The lawyer claims that everything you say is a lie and that your emails are not confidential, which is concerning.... View More
California Board of Registered Nursing voted to adopt the discipline recommended by the administrative law judge. Case was heard at the office of administrative hearings.
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answered on Jun 15, 2024
In California, if a licensed professional wants to appeal a disciplinary order that was recommended by an Administrative Law Judge (ALJ) and adopted by a state licensing board like the Board of Registered Nursing, they would need to file a writ of administrative mandamus in the Superior Court. Here... View More
Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.
The Defendant then filed an appeal on SC-140.
1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More
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answered on Jun 14, 2024
In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More
Is there hope for a new sentence , commutation, etc? I was a messed up kid from the front lines. Those circumstanceswere kept from the trial -
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answered on Jun 13, 2024
I'm so sorry to hear about your situation and all that you've been through. Serving in combat at such a young age and dealing with untreated PTSD must have been incredibly difficult and traumatic.
In terms of potential legal options, I would strongly recommend consulting with an... View More
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