Appeals / Appellate Law Questions & Answers

Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should be a sealed juvenile matter unless you were charged as an adult. If this is your first adult charge you may be eligible to avoid a conviction.

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.


1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on
Answered on Aug 13, 2018
Tobie Brina Waxman's answer
Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom $500. You'll need to back that up with some kind of written proof. Do this right away because the interest will continue to accrue, so don't waste time. It costs you nothing to start by contacting...

Q: What does it mean if the Court of Appeals sets a hearing date, then vacates it’s previous order & declines jurisdiction?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Answered on Aug 12, 2018
K. Bryan Goodman's answer
It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.

Q: What happens if my lawyer advises against filing an appeal but I want to proceed anyway?

1 Answer | Asked in Appeals / Appellate Law for Florida on
Answered on Aug 9, 2018
Terrence H Thorgaard's answer
Nothing happens. The appeal doesn't get filed unless

a) your lawyer agrees to file the appeal against his or her better judgment (which may involve ethical problems if the lawyer feels an appeal isn't warranted);

b) you file it yourself; or

c) you find another lawyer who will file the appeal.

Keep in mind that some cases are not appealable. It's not a matter of which party has the most staying power; just because you didn't prevail doesn't mean that you...

Q: Can you appeal a small claims court decision?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Aug 8, 2018
Jack Ternan's answer
Yes. Such appeals go to the county court at law (if such a court exists in your county).

Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Answered on Aug 6, 2018
Bill Powers' answer
Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his contact info:

Until then, here is a sample Petition and Order that sets forth some of the filing requirements in North Carolina:...

Q: How is it possible to get convicted as an accessory to murder when the primary person involved gets manslaughter

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Answered on Aug 3, 2018
Brian K. McHugh's answer
Each case is independent of the other in terms of outcome. A plea of guilty by person who took a plea deal does not preclude a jury in a related case from finding the defendant guilty of the offense(s) charged in the related case. In other words, just because one person pled to manslaughter does not prevent a jury in the other case from deciding, based on the evidence in the case, that a murder was committed.

Q: During my divorce my ex claimed he earned a certain amount and couldn’t afford alimony

1 Answer | Asked in Divorce and Appeals / Appellate Law for North Carolina on
Answered on Aug 3, 2018
Amanda Bowden Houser's answer
Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out and fix it myself. The same is true for legal work if you aren't an attorney. Heck, you'd likely have better odds of correctly fixing the transmission yourself than doing your own legal work correctly. At this...

Q: What would be the right way to go about filing an appeal in a mental health case where I have not been served?

1 Answer | Asked in Appeals / Appellate Law, Health Care Law, Legal Malpractice and Probate for Illinois on
Answered on Aug 1, 2018
James G. Ahlberg's answer
The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it yourself. Hire a lawyer. Do it immediately.

Q: I just left a creditors mtg and the Trustee want to seize my teachers retirement lump sum deposited in my checking acct

1 Answer | Asked in Bankruptcy and Appeals / Appellate Law for Louisiana on
Answered on Jul 26, 2018
Timothy Denison's answer
You need to put that money in an ira ASAP. You also need to document where that money came from so you don’t lose it.

Q: I live in Pennsylvania. If the Federal Appellate court in District 9 reverses a decision that is identical to a

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Answered on Jul 24, 2018
Peter Munsing's answer
9th Circuit rulings aren't binding on the Third Circuit, but it sounds like you were convicted so you are looking at Superior Court of 3rd Circuit. Why not discuss it with whoever represented you in the criminal case?

Q: What if the court of appeals reversed the superior courts decision . Whats the next step.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Answered on Jul 23, 2018
Bill Powers' answer

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end up in the Supreme Court for further review.

It's frankly pretty complicated. A LOT of different things can happen.

One would have to assume lawyers were involved. Probably makes...

Q: Sister w/brain tumor plead guilty to battery (often confused, no speech Is this even legal? See addendum below

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Answered on Jul 21, 2018
Gary Kollin's answer
In order to take a plea there is a verbal ok nquiry by the judge. If she can't speak it sounds doubtful that a plea could have been taken.

Essentially it sounds like she would need to seek to have her plea withdrawn.

If she wants it she needs an attorney who represents her.

Q: Seeking pro-bono appellate attorney for third division to vacate divorce decree

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
We cannot do this pro bono but we can do it at the 18-B rate (that’s one of court appoints you to represent someone) of $95/hour. Our paralegals would do most of the paperwork but everything will be reviewed by myself or one of my of counsel attorneys and I will make all court appearances and argue. We would need a $950 retainer, which would likely cover the entire matter. It’s not pro bono, but we provide excellent legal representation at an affordable rate. If you would like a...

Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.

My practice is chiefly concerns criminal law, and I have been voted by members of legal community as one of the top 10 criminal lawyers in New York (see link at bottom of answer).

Further, if in fact your son was unrepresented in certain key portions but...

Q: Can you appeal a descion from landlord to get rid of dog?

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law and Landlord - Tenant for Pennsylvania on
Answered on Jul 18, 2018
Peter Munsing's answer
Check your lease. You haven't said what breed of dog he is. If he is strong enough to pull a stake out of the ground then chances are no court will side with you.

Second, he knocked someone down. That's aggression. You may think it's cute. The fact you wrote the above says no one else did.

Not trying to down you but you have to get a bit more perspective--a dog is not presumed innocent, especially one that is of sufficient size and strength to knock someone down. You leave...

Q: I didn't finish a case from 2011 . I feel I was given insufficient advice and pressured into taking a bad plea.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jul 16, 2018
Dale S. Gribow's answer
much more info needed.

is it a DUI?

a lawyer has to put the matter On Calendar and then ask the court to quash the bench warrant that would have been issued. He will need an excuse to present to the court.

you can probably avoid jail but may have to start dui classes (if it is a DUI) all over again

Q: How do I appeal/challenge a reversed Ex Parte order?

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law, Civil Litigation and Small Claims for California on
Answered on Jul 15, 2018
Thomas A. Grossman's answer
I don't know enough facts about your case, but I don't understand why the police, or an animal control agency, doesn't immediately arrest this woman for animal cruelty. Something doesn't make sense. You should get a lawyer ASAP.

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