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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for California on
Q: I am looking for a lawyer to take over my perosnal inju case that was abandoned in appeals

Product liability personal injury breast implants rupture. Strong case with new evidence Whistleblower letters on case briefing schedule is a month away I am in CA and other plaintiff is in MISSOURI. Someone help !!

Tim Akpinar
Tim Akpinar answered on Jan 12, 2020

Don't lose further time awaiting a response; you may get a response here, you may not - this isn't an attorney referral service - it's only a Q & A board. Continue to check here, but get on the phone, Internet, search this site, or use other means and start contacting law firms early this week. The... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: What happens when a inmate did not get a initial appearance , preliminary hearing or arraignment but the court is ready

for trial in Georgia? What law and constitutional right was violated? He had charges in two counties for the same crime and have been sentenced in one of those counties. The lawyer was retained for both counties but did not do anything for the one that is ready for trial now, so he was fired. I do... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 12, 2020

Your circumstances are unfortunate. More information Is needed before an accurate answer can be provided. It is best to contact an attorney as soon as possible. It is I’ll advised to proceed without an attorney.

We are glad to assist you. Contact us whenever you are ready.

I wish...
Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can you change guilty plea years after ?

I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.

Now i regret it and want to know the process if at all... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 1, 2020

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Need info on filling for an appeal of malpractice
Tim Akpinar
Tim Akpinar answered on Dec 31, 2019

Your post remains open for two weeks. There wasn't a question included, but if you are contemplating an appeal, the best thing to do would be to contact a California attorney immediately to discuss the matter without further delay. In virtually all jurisdictions, appeals are often governed by very... Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: Rules for filing an appearance in a matter on appeal. Appearance filing needed in appeal case by circuit attorney?

Matter on appeal (interlocutory and final order). Does circuit case counsel file appearance in appellate case or not? Is the attorney’s appearance filing in the circuit case automatically applied in the appeal case without that attorney or other filing an appearance in the appeal case in the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

An appearance must be filed in the appellate court case.

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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1 Answer | Asked in Appeals / Appellate Law and Child Custody for Louisiana on
Q: Can a city court in Louisiana (bogalusa) hold child in need of care cases? Where to appeal?

The Atty for parent stated in email that they couldn't do appeals. They didn't have the staff. Under the rules of Atty for this kind of case it states differently. How to appeal for all the violation of the case ? Where to file the paperwork for Appeal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 28, 2019

Yes city courts in Bogalusa, Slidell and Denham Springs can hear CINC cases. If the attorney for the parent was public defender, they may not be able to do appeals. Appeal must be filed in District Court in Covington quickly. Hire a private Juvenile Court lawyer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Probate for Florida on
Q: If me and my wife got into an altercation and she called the law and I was arrested for domestic battery can she bail

Can she legally bail me out of jail the next day

Jonathan Blecher
Jonathan Blecher answered on Dec 21, 2019

yes, but use a third party

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Alabama on
Q: What is the best approach to filing a appeal with ninth circuit Court of appeals?

What type of attorney would I need when dealing with this type of case?

Tim Akpinar
Tim Akpinar answered on Dec 19, 2019

It would depend on what the matter involves; your posted categories cover several areas. Find an attorney who handles appeals in the area that your case involves. You could look up attorneys on this site or through your own independent searches. Without knowing anything about the subject matter of... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law on
Q: Murder appeal and how to go about it

He was falsly accused of something within he did not commit

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

You need to be speaking privately with an attorney in your jurisdiction that handles this type of work.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: Can Washington DC laws be used in Georgia State courts?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 18, 2019

More information is needed before an answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

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

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Gov & Administrative Law for Virginia on
Q: Broker appeal REB decision? VA Supreme Court rule 2A:2(b) & 2A:4 within 30 days? What do I need to do? Thanks.

18VAC 135-20-160.B: There was incorrect DPOR form on file intended for mailing purposes. Since corrected. However, I sent them 4 other documents, including clerk of court certificate, that clearly indicate place of business address. Plus, a site visit was never done inside the residence. A site... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Dec 14, 2019

There's an old (very old) saying most popularly attributed to Abraham Lincoln - see https://quoteinvestigator.com/2019/07/30/lawyer/

In the past I have served on a state board, and represented others before state boards. The process is technical and full of traps - you need a lawyer....
Read more »

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...
Read more »

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 »

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