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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Child Custody for Nebraska on
Q: Looking for Plan C, as I am going to try Plan B Monday. Hot mess of a no fault abuse/neglect case that should not be.

Dec 31=1 yr case. Lots of details, very little action by public defender-1st issue. Online finding statutes/cases trying to educate myself. 2nd-2 cases all hearings same day same time. Literally didn't even realize 2nd case for 5/6 months.

Older son-behaviors applied for several... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Sometimes when a parent has done everything they can but a child is still not safe in their home, the Court will find the person guilty of no fault neglect so that the child can receive services. This is especially common when one child needs to be placed outside of the home as the siblings aren't... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might be to... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: How could I argue in moot court for Ogden knowing that Gibbons won in the Supreme Court?
Tim Akpinar
Tim Akpinar answered on Dec 5, 2019

You could argue the position because you know it's only an exercise. You could also look at things from the perspective of the 1800s toward navigation on the nation's waterways. Good luck

Tim Akpinar

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Jon R. Boyd
Jon R. Boyd answered on Dec 4, 2019

Default means you were properly notified of the suit having been filed and you failed to appear/file a response, so the Court allowed the filing party to proceed to court without further notice to you and get what they filed for.

If that happened to you, you have 30 days to file a Motion...
Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It means a person took no action in the case or failed to show up for a final hearing. If this is your case review it with a lawyer asap.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I have served 10+ years for armed Robbery for a broken broom stick that was not tested for finger prints and is picture

I can prove through transcripts and motion of Discovery how and when stick was planted

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 30, 2019

Your circumstances are unfortunate. There is more that is required to provide you with answer to what I gather is a question about appealing your conviction. It is best to contact an attorney who can discuss the specifics of your case.

We are glad to assist you. Contact us whenever you are...
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1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I have an appeal pending in the appellate court against property manager for eviction, PM is trying to self evict me wha

Are my rights?

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

I suspect you have an appeal de novo, not an appeal. Learn the Landlord Tenant Act and prepare witnesses for Court. Figure out what heresay is, and discern exactly what the Landlord says you breached. Know your Lease. Even if you win, Landlord will file another Detainer. If you really have an... Read more »

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: How long does clerk of trial court have to transmit appeal to supreme court when appeal was timely filed

How long does clerk of court have to transmit the records of appeal? Was told by clerk they don't have a time limit and they have to find someone to do a transcript? Been going to court from January - June. Finally got an order on September 12, 2019. An appeal was immediately filed to supreme... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

In order to provide you with an accurate answer, more information is required. We are glad to assist you. Contact us soon. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: EX refusing to pay CS during appeal

EX has appealed CS order and says he does not need to pay until appeal is decided. My attorney agrees and also that EX won't have to pay arrears if appeal is denied. How can this be true? Can he file appeal after appeal to avoid CS? How am I supposed to care for my son?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

If there is an existing order, your son’s father must obey it; to say that he doesn’t have to because he filed an appeal is false. The penalty for failure to comply with a court’s order is contempt.

You may benefit from contacting another attorney. More information about your case is...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Pennsylvania on
Q: won unemployment appeal employer didn’t show now employer appealed the decision

Employer said it was due to rule violation but never showed for appeal hearing. I never got written up or signed anything and no handbook and I won now he appealed it

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.

1 Answer | Asked in Appeals / Appellate Law and Native American Law for Colorado on
Q: Appeal for reinstatement of parental rights was taken over by tribal court. What happens now?

My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.

Scott E Beemer
Scott E Beemer answered on Nov 24, 2019

Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the...
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1 Answer | Asked in Appeals / Appellate Law on
Q: How do I fill out section b brief?
Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

Appellate briefs aren't really fill-out works of writing. It takes considerable effort to put a good one together. You could go online to view different examples. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for Missouri on
Q: how can I check citations of a Missouri Court of Appeals case online?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 19, 2019

You can subscribe to Westlaw or LexisNexus or use "Google Scholar" for free. It will show state and federal decisions but not necessary show you if the decisions have been overturned. I hope this helps.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Probate for Oregon on
Q: My father passed away over 10 years ago. I am his daughter. What rights do I have as his beneficiary in Oregon?

I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or what... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 14, 2019

It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets in his name... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How to I obtain my husband's indictment record? He needs it for his Commutation of Sentence paperwork?
Grant St Julian III
Grant St Julian III answered on Nov 13, 2019

Contact the District Clerk in the county where his case was filed and make a records request. Good luck.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: Can a South Carolina judge give a suspended sentence to a defendant who Pleads GUILTY to Voluntary Manslaughter?
Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

The penalty for voluntary manslaughter (16-3-50) in South Carolina is 2-30 years. The presumption under SC law is that a sentence may be suspended unless expressly states otherwise(16-1-30(B)). In the case of Voluntary Manslaughter it is within the sentencing judges discretion to suspend even the... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Can the jurors wear attire with the plaintiffs pictures on them . Also can jurors wear attire with " Black Lives Matter

Foreman and a few other jurors whore attire with Black Lives Matter and plaintiffs pictures on the clothing during. Court trial hearings

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

i have never heard of a court/judge allowing that........

check with the lawyer who handled the case for his/her opinion......as they have ALL the facts.

i suspect that must have argued that in chambers to the judge!

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2 Answers | Asked in Criminal Law, Estate Planning, Appeals / Appellate Law and Probate for California on
Q: As the former administrator to my mother's estate I have been chargd w/contempt for not turning over documents.

My brother whom my mother ADIMENTALLY expressed he make no decisions for her was appointed. She died intestate. The judge threw out my brothers OSC for procedure in non service, however she is asking me to comply anyway. How do I respond?

Dale S. Gribow
Dale S. Gribow answered on Nov 12, 2019

more info needed.

you should have a lawyer guiding and representing you.

i don't do that area of law.

hire a lawyer who does probate litigation for the court in question.

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Washington DC on
Q: Is there guidance on relying on citing caselaw that is current but that is now on appeal?
Tim Akpinar
Tim Akpinar answered on Nov 8, 2019

I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and if it does... Read more »

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