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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on
Q: What If a peraon was interdicted and he is not incompetent
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

Then he cannot make any medical or financial decisions for himself.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: When filing a appeal to the Supreme Court of Florida where does the Notice of Appeal get filed?

Does the notice of appeal get sent to the Lower Tribnual's Clerk, like when filing the appeal with the DCA. Or since the Appeal is of the DCA's decission is it filled with the DCA's clerk.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

It is not an appeal. It is a petition for writ of certiorari.

Please read the rules of procedure as you are handling this case on your own and you feel confident to do so, you will need to be familiar with them. This cite is not designed as a tutorial.

Also many issues can be...
Read more »

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 5, 2019

The SoL is twenty years.

You have to challenge it.

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Colorado on
Q: I had a hearing on jan 15 th in front of the colorado supreme court and still have not heard a ruling why so long

Does it take colorado supreme court this long to decide usually

Brian K. McHugh
Brian K. McHugh answered on Sep 30, 2019

There is no set time limit for the Colorado Supreme Court to rule. Your wait of 9 months is not at all unusual. It could be several months before the Court renders a decision.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law on
Q: Can someone with upper departure on sentence still get good time served on sentence,although at sentence was denied

Husband want to appeal for good time on sentence.Was denied at sentencing. Is there a way to appeal this?

Gary Kollin
Gary Kollin answered on Sep 28, 2019

Without knowing the state, no answer can be given

1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be something... Read more »

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: How do I ask for more time to appeal?

The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Sep 27, 2019

I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to help... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I was on disability for 4 months and when I returned to my job I was fired now I'm being denied unemployment benefits

My past employer says i just abandoned my job but they filled out the form for disability benefits the only thing that changed was the dare to return to work was exstended they recieved documents stating this. But they told unemployment i never even told them i was going on disability

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move right now is to locate... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I wason disability for four months when i retured to work i was fired they said i never informed them about my leave

But that is not true they were sent Disability paperwork that they signed and sent back to my union i have copies and i sent them all the date changes i recieved from my doctor. The problem now is Unemployment says im not eligible to recieve benefits because they say i voluntarily quit or was fired... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer, not just your union, was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Lost at trial a civil lawsuite in Los Angeles Superior Court!! - Norwalk! What is the deadline after trial to file appea
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 22, 2019

There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served." The other deadlines... Read more »

1 Answer | Asked in Family Law, Admiralty / Maritime, Appeals / Appellate Law and Child Custody for Minnesota on
Q: How can I sue the court

I am being deprived my due process

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

Additional information is needed. Due process is a broad area and the manner in which your rights are being violated is not clear from the facts at hand.

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz I'm... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What County was this in, or was this a municipal case?

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If a person has already been sentence writes an affidavit for his co-defendant can he still be grant a Appel ?

Basically will he still be able to fight his conviction

William Jaksa
William Jaksa answered on Sep 18, 2019

Accused A is found guilty, is then sentenced, and now wants to appeal the conviction and sentence. As long as there are merits Accused A will be given an appeal. That sworn affidavit will likely hurt any appeal if contains a confession.

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1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »

Timothy Denison
Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

1 Answer | Asked in Contracts and Appeals / Appellate Law for Washington DC on
Q: For this case what statutory interpretation is demonstrated?

what kind of law is used and how would you define the statutory interpretation used?

Tim Akpinar
Tim Akpinar answered on Sep 10, 2019

It's possible part of your post was left off. As a general matter, statutory interpretation is essentially what the definition suggests - the operation of a court interpreting legislation. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Utah on
Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?

an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Sep 9, 2019

Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

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