Appeals / Appellate Law Questions & Answers

Q: Laws on revocation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Answered on Mar 24, 2017

Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?
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Q: Who is liable for a contingent employee for discrimination ?

1 Answer | Asked in Employment Discrimination, Appeals / Appellate Law and Civil Litigation for California on
Answered on Mar 24, 2017

It really depends on the facts. Who perpetrated the discrimination? Did the staffing agency have any reason to know about that? What kind of discrimination? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: Are clients of temporary staffing agencies required to kept records ?

1 Answer | Asked in Civil Litigation, Employment Law and Appeals / Appellate Law for California on
Answered on Mar 24, 2017

Usually yes, depending on the types of records (e.g., tax related documents and forms especially). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: Can anyone give me some reference cases to any Overturned Convictions won through a Post Conviction Relief, on class A

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Mar 24, 2017

Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial, so the type of charge is rarely important. What do you believe prejudiced the defendant at trial?
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Q: granted for answer

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Answered on Mar 23, 2017

Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
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Q: Can an opposition refuse to answer interrogatories or produce documents simply because

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Employment Discrimination for California on
Answered on Mar 22, 2017

No, those are not valid grounds on which to object to interrogatories or other pretrial discovery propounded by a party to a lawsuit.
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Q: If I appeal a guilty verdict, will a charge that rec'd directed verdict in trial come back if the appeal is successful?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Answered on Mar 21, 2017

The State cannot appeal (or cross-appeal in this case) a verdict of non-guilty.
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Q: in Texas if you quash indictment for errors can they if there were fatal errors in the enhancement clause

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Answered on Mar 20, 2017

Quashing an indictment is a complicated issue. Without seeing the indictment it's impossible to tell you if it can be quashed. You need to take the indictment to a lawyer so that person can review it and offer some real legal advice.
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Q: TX quashing felony indictment. Errors. Of facts in the enhancement clause of indictment ,reindictment/or matter quashed

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Answered on Mar 20, 2017

You need to hire a lawyer. Don't try to file your own writ or Motion to Quash. If you care about the outcome have an experienced professional help.
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Q: I want to appeal a rating from the dept of Education, is that done through notice of petition or an order to show cause?

2 Answers | Asked in Appeals / Appellate Law and Education Law for New York on
Answered on Mar 18, 2017

What kind of rating? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: Is there any reason I wouldn't be able to file an appeal if I lost at the trial court level?

2 Answers | Asked in Appeals / Appellate Law for New York on
Answered on Mar 18, 2017

As long as you are within the time allowed, appeals are as of right from final determinations. But beware, the deadline to file is absolute.
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Q: hello my husbands in the appellant court

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Mar 17, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: what are the main reasons to file and win a PCR in Indiana

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Mar 7, 2017

Your question is too general to answer. PCR can be applied to numerous errors not raised on direct appeal and not waived. Winning depends on the facts and law applicable to each case.
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Q: I want to know how to file a stay in an unlawful detainer case pending the appeal

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Answered on Mar 6, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: How can I file for a stay in an unlawful detainer case pending my appeal

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Answered on Mar 6, 2017

See: http://www.courts.ca.gov/12428.htm

Also see: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml re: staying an order pending appeal.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Case Dismissed without prejudice for Failure to State a Claim for Which Relief Can be Granted

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Employment Law for Virginia on
Answered on Mar 6, 2017

You would need to compare those facts to the basis on which the court dismissed the prior complaint in order to determine whether they overcome the defects in the claims previously alleged. From your description it is not possible to draw a conclusion.
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Q: I want to know if it is legal for the courts to add a charge to a case in the middle of trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Answered on Mar 6, 2017

Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another charge is more appropriate, the indictment may be amended, the jury may be instructed to include the offense in their deliberations, a superseding indictment may be filed, or a new case may be filed.
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Q: Can a case be refiled in correct court after it has been appealed from dismissed without prejudice for improper venue?

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Answered on Mar 6, 2017

When a case is dismissed without prejudice, it leaves the plaintiff free to bring another suit based on the same grounds, for example if the defendant doesn't follow through on the terms of a settlement. http://www.nolo.com/dictionary/dismissal-without-prejudice-term.html
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Q: Can an amendment to a Complaint be filed in Appellate Court and be mailed with the Informal Brief to Appellate Court?

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Answered on Mar 5, 2017

No, a complaint cannot be amended when the case is on appeal from dismissal.
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Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on
Answered on Mar 5, 2017

If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.
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