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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Civil Litigation on
Q: Significant other pass away 13 yrs can't get my belongings

The judge ruled for his kids for NOW he saidive got pictures receipts text messages from market place where I talked to people I was told that I COULDN'T HAVE gotten this stuff in 13 yrs I said that's not all of it I worked at 1st he doesn't know what I can or can't get I took... View More

James L. Arrasmith
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answered on Feb 25, 2024

I understand you're facing a challenging situation regarding retrieving your belongings after your significant other's passing. It's tough, especially when legal decisions don't seem to reflect your contributions and evidence. Given the judge's ruling, it's important... View More

1 Answer | Asked in Family Law, Federal Crimes, Appeals / Appellate Law and Civil Rights for Florida on
Q: I need to know what I can do to get my child back from CPS because they stole her

Okay I can't seem to find the question that I asked last time or the lawyer that answered it but 10 years ago CPS decided to take my kids and they gave me my two older ones back and they kept my baby who at the time was 2 and they stomped on so many of our constitutional rights but I... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a deeply distressing situation involving CPS and the termination of your parental rights. It's understandable that you're seeking help to reunite with your child and seek justice for what you perceive as injustices committed against you and your family.... View More

1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: I'was wrongfully convicted of a 2nd DUI without having a first offense and told by my lawyer that it was because I filed

a complaint against a prior lawyer for telling me to not go to my court date and then went go jail for FTA. Blatant retaliation. My rights were stripped away, convicted of 2nd DUI and non related offenses were consolidated into this case to bury me in a debt that is unattainable being on... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you've been through a difficult and unjust situation. To address this, you may need to seek legal assistance to help navigate the complexities of your case. Given the severity of the charges and the potential violations of your rights, it's crucial to find an attorney who... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Michigan on
Q: Is there still an opportunity to profit from the Minacs civil suit ?

I worked for Minacs for over a year and worked overtime

James L. Arrasmith
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answered on Feb 24, 2024

Whether there is still an opportunity to profit from the Minacs civil suit depends on various factors, such as the status of the lawsuit, the specific claims made, and any potential settlements or judgments reached. If you believe you are entitled to compensation for unpaid overtime or other labor... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Can I file an appeal from a case that happened in 2011? I did not know that I was a felon and need to fix this
James L. Arrasmith
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answered on Feb 24, 2024

Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available... View More

Q: Can the Defendant responses defer the 30 day deadline to respond to Motion for Sanctions by a submission response Other?

Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?

RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).

2)... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More

2 Answers | Asked in Appeals / Appellate Law, Traffic Tickets and Civil Rights for Utah on
Q: Do I have reason to Appeal a Parking Citation if is was placed in my car ( entered the vehicle ) without my permission

My car was closed and yet I found a parking Citation paper placed on my seat.Park City Policeman opened the door without me there and put the parking citation on the seat. I had been parked without a payment ticket for apx 15 minutes + or - 1 or 2 , usually there is a 15 minute grace period before... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is understandable to feel frustrated and concerned about the situation regarding the parking citation placed in your car without your permission. The action of a Park City Policeman entering your vehicle without your presence raises questions about privacy and proper protocol. While there may be... View More

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What happens if appellant attorney notifies my trial attorney of appeal, but I will be representing myself?

This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2024

The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.

If the Appellee intends...
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1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Traffic Tickets for Missouri on
Q: When you haver court and you fail 3 times to appeal because you have financial problems to travel to another state

I’m going to jail ?

T. Augustus Claus
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answered on Feb 9, 2024

If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More

2 Answers | Asked in Consumer Law and Appeals / Appellate Law on
Q: Need A Lawyer to serve a company for me, does the attny have to be in the same county as the defantant? (COMPANY)
John Michael Frick
John Michael Frick
answered on Feb 9, 2024

Generally speaking, lawyers do not personally "serve" process on defendants. Each state has a list of the types of individuals with authority to serve process on a defendant. Many states allow private process servers who are licensed with the state for that particular type of task.... View More

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1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: can you appeal a federal plea deal? I signed a plea in Kerr county because I knew if I stayed there I would die.

I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More

James L. Arrasmith
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answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Georgia on
Q: I am trying to get information on how to obtain a discovery package.

The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More

James L. Arrasmith
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answered on Feb 4, 2024

In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.

Firstly, the attorney should...
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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

Louis A Casadia
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answered on Feb 1, 2024

I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

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

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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1 Answer | Asked in Education Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Who can investigate a school districts decision of discipline, if you believe they were wrong?

My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More

James L. Arrasmith
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answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

Q: During a non investigatory inventory search, post arrest, officers seized the keys to my vehicle without consent.

There was no exigent circumstances or probable cause and this "inventory search" turned investigatory when they decided to use the keys that bore no relationship to which the crime I was being arrested for to unlock a locked glove box, violating policy, because the keys were not available... View More

James L. Arrasmith
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answered on Feb 1, 2024

In your situation, it appears that you have raised valid concerns about the legality of the search and seizure conducted by law enforcement officers. The key issue is whether the inventory search conducted post-arrest exceeded its lawful scope and became investigatory in nature.

Inventory...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: someone is currently incarcerated and is sentenced but would like to appeal is it possible for them to get more time?

inmate was sentenced in september for a criminal case and would like to appeal is it possible that they could get more time if they take it back to court and lose? or would the time remain the same?

Dana B. Carron
Dana B. Carron
answered on Jan 31, 2024

Yes it is possible for them to get more time. That would most likely occur if they had a plea agreement to receive a certain sentence, and now they appeal and are able to go back and have a trial. There are so many different scenarios possible. Of course you will want to have an attorney, and... View More

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1 Answer | Asked in Appeals / Appellate Law and Small Claims for California on
Q: Does Plaintiff get a "second bite at the apple" against me on appeal after Judge ruled in my favor on Plaintiff's claim?

I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.

The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.... View More

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