Appeals / Appellate Law Questions & Answers

Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on May 26, 2017

The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the sentence.
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Q: How does an appeals court decide if they want to hear a case? What criteria do they use?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on May 26, 2017

Appellate courts have some discretion over what cases they hear, but generally if there is believed to be a manifest error by the trial court in their application of the law an appeals court will hear the case.
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Q: What is the appropriate Court for a constitutional challenge to a NY statute?

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Answered on May 26, 2017

A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
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Q: Is postconviction relief the same as appealing a case.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Answered on May 25, 2017

Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are in for a new trial (de novo appeal) or on certiorari if the case is a Court of Appeals case
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Q: I am in a class action E.R.I.S.A case before the 4th circuit court of appeals-Is my award judgement proof in a chap 7 bk

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Florida on
Answered on May 25, 2017

If your Employee Retirement Income Security Act claim pertains to a pension, yes it is probably a contingent, exempt asset. See Florida Statute 222.21,
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Q: Can an appeal be filed on a case affirmed by the supreme court?

2 Answers | Asked in Appeals / Appellate Law for Florida on
Answered on May 21, 2017

On appeal, the United States Court of Appeals affirmed per curium on March 15th. A petition for a writ of certiorari could have been filed in the U.S. Supreme Court, but I don't believe it would be timely if filed now.
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Q: How can I appeal after losing an appeal in the appellate division. judges ruled on a clerical error made my the clerko

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on May 18, 2017

Of course, your best course of action is to consult with an appellate attorney. Options include filing a petition for rehearing or asking the Court of Appeals to transfer the matter. Make sure you do not miss any time deadlines. See http://www.courts.ca.gov/8547.htm
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Q: can I reopen case after 15 years, if it's now a problem and I was not advised of my rights as immigrant LPR

2 Answers | Asked in Criminal Law, Immigration Law and Appeals / Appellate Law for Virginia on
Answered on May 12, 2017

Unfortunately no, it is too late.
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Q: investigators closed a 6m case without checking into phone records or other social media because victim had done drugs

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Florida on
Answered on May 12, 2017

Sorry about your situation. I will say that police officers are people and we as people do not always go the extra mile for a variety of reasons (good or bad). That being said, a power of attorney from your partner's mom to act on his behalf is not legally valid. She cannot grant a power of attorney for her deceased son. In fact a power of attorney cannot exist for a deceased person. legally you might have to open a probate and get appointed by the Judge to have the authority to look into...
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Q: Where can i find a case law involving leash laws?

1 Answer | Asked in Civil Litigation, Animal / Dog Law and Appeals / Appellate Law for Texas on
Answered on May 8, 2017

This might help:

https://dogbitelaw.com/legal-briefs/at-large
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Q: Could my friend's 14 year old daughter live with me if the father consents and the mother is deceased?

3 Answers | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for New York on
Answered on May 8, 2017

The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...

Potential issues below:

In the absence of multiple indicated CPS reports The COURT has no evidence to show "special circumstances...potentially endangering the child"... you are you would be coming through...
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Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000 miles on it. You do not say the car is defective in any way. The fact is that you're unhappy because those 4,000 miles were put on the car by someone other than the person you thought put them on. How many dollars...
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Q: The opposing party cross-appealed after I filed my appeal. What does that mean?

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Answered on May 3, 2017

It means they are appealing issues decided against them as well.
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Q: I have a question about my legal name on my birth certificate not matching what's in the state database

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Domestic Violence for Colorado on
Answered on Apr 30, 2017

No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic offenses, they cannot be sealed in Colorado.
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Q: In the most plain language, what's the difference in Roth v. United States and Miller v. California obscenity decisions?

1 Answer | Asked in Appeals / Appellate Law, Communications Law and Constitutional Law for New York on
Answered on Apr 27, 2017

See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html

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, www.AEesq.com. 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: I am trying to figure out how to appeal a trial court in general sessions to circuit court

1 Answer | Asked in Appeals / Appellate Law and Contracts for Tennessee on
Answered on Apr 26, 2017

You may file an appeal from General Sessions Court to Circuit Court as long as the appeal is filed within ten (10) days of the entry of the judgment or disposition of the case.
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Q: Can you tell me if someone has representation, can they file a motion or appeal (March). Attorney withdrew April.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Colorado on
Answered on Apr 26, 2017

Presuming I am understanding your question correctly, it looks like your attorney withdrew from your case in April? Appeals and motions can be filed whether you have an attorney or not. All the filing deadlines also apply whether you have an attorney or not.
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Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

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

Bail him out and hire a criminal defense lawyer. If the "probable cause" for arrrest was as flimsy as you say, the charges should be dropped or reduced to a misdemeanor by the prosecuting state attorney. Handling a criminal case "pro per" (without counsel) is a recipe for disaster.
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Q: My husband filed an appeal 5 months agao and still haven't received any information back how long is the process

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Answered on Apr 20, 2017

I know that waiting is frustrating. But the appellate process grinds along very slowly. I don't know what kind of appeal you have or which court is considering it but generally, if you are appealing a criminal case to the Superior Court, which is the appellate court that hears appeals from final orders in the Court of Common Pleas, you can expect to wait about eight months. If there is oral argument, it will be about eight weeks after oral argument. Again, it's tough waiting, not just for the...
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Q: Can a grandparent granted temporary legal guardianship file for full legal guardianship with no contact of the mother

1 Answer | Asked in Child Custody, Family Law, Appeals / Appellate Law and Probate for Arkansas on
Answered on Apr 19, 2017

The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also. The parent needs to have a job, no drugs, home, no thugs hanging around, etc.
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