Appeals / Appellate Law Questions & Answers

Q: hello i have a question regarding a case .child molestation case

1 Answer | Asked in Federal Crimes and Appeals / Appellate Law for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
It is probably best to address that in private with your attorney.

Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.

Q: Its for a Pn 273.5(a) My wife and I wanted to know?

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Answered on Feb 13, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED.

THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.

S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.

I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.

SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.

YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC

Q: Are all ex post facto claims, constitutional claims?

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law on
Answered on Feb 10, 2019
Gary Kollin's answer
I believe will be a violation of the honor code for you to ask other people to do the work for you. Good luck

Q: Can the same court hold a new pitchess motion when they have already proven to be bias?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Answered on Feb 6, 2019
Dale S. Gribow's answer
i have always had problems in Ventura County too.

they treat lawyers as poorly as some litigants.

why not google legal aid and see what criminal lawyers come up that will handle pro bono or at a reduced fee

Q: Received maximum sentence on 2 owi resulting in death on open plea to the judge.no prior felony. Need appeal answers

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Answered on Feb 3, 2019
Paul Stanko's answer
Sentences are rarely overturned, but when a defendant is maxxed out, there is no downside to appealing. Contact an experienced appellate attorney immediately, as a Notice of Appeal must be filed promptly. You mentioned that she had a court-appointed attorney. If she is still indigent, she can and should request a court-appointed appellate attorney.

Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for North Carolina on
Answered on Feb 2, 2019
Amanda Bowden Houser's answer
In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.

Q: Can my brother have his case reviewed under SB620 gunenhancements, if his conviction was in 1999?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
Have there been any appeals in the case thus far? Why the delay of 18 years? Habeas appeals law has equitable tolling provisions, but it's very fact dependent. Unless legislation is actually passed and explicitly made to function retroactively, it's considered proactive, as a general rule. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...

Q: Can I re appeal a criminal case that the appellate denied? For 2 degree robbery it’s been more than 8 yrs

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Answered on Jan 31, 2019
Dale S. Gribow's answer
much more info is needed.

are you saying you appealed to the court of appeals and lost?

i think the best person to ask is the lawyer who last represented the defendant on this matter...as s/he will have all the facts at hand.

Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Answered on Jan 31, 2019
Lauren Nagel Richardson's answer
I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.

All is not lost, however. If the spouse does not want to serve as personal representative and waives his right to serve, or if time goes by and he does not open the estate or pursue the wrongful death claim, then you could petition the court to...

Q: So I am 17 with no permit and I got stopped at a parking lot while I was parked and I have a court hearing, pay or jail?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Gov & Administrative Law for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
I don't even know what you're trying to ask. If you were charged with driving without a license you can request a court appointed lawyer at your hearing or hire someone. Usually it helps to get properly licensed. Good luck.

Q: Does family of defendant need to talk to news when appeals are about to start

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Answered on Jan 27, 2019
Pete David Louden's answer
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.

Q: How to petition court to use time served in jail towards fine?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on
Answered on Jan 27, 2019
Paul Stanko's answer
You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.

Q: How does my husband go about getting a pro bono appeals lawyer?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: Will the judge understand that I didn't know I needed sr-22 for 3rd year? Please help, I never even received a letter.

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Communications Law for Illinois on
Answered on Jan 16, 2019
Jeremy Wang's answer
Illinois law requires you to notify the Secretary of State every time you change your address so they can send you notices. Failure to do so can lead to getting another ticket.

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...

Q: Can an appeals court change the title of a state v. def case (as filed by the clerk) to city v def?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Jan 15, 2019
Matthew Williams' answer
If that’s the proper case caption, sure. They could make such a correction.

Q: Is there any realistic scenario where the president and/or their cabinet can be adequately prosecuted for crimes?

2 Answers | Asked in Criminal Law, Federal Crimes, White Collar Crime and Appeals / Appellate Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
See: https://www.washingtonpost.com/news/democracy-post/wp/2018/08/29/yes-its-possible-to-indict-a-sitting-u-s-president-heres-why/?noredirect=on&utm_term=.0aa521a59207

You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower court for a new decision with guiding instructions to the lower court on how they should best proceed to avoid another error in their decision-making process. You may want to hire a private attorney...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.