Lawyers, Answer Questions  & Get Points Log In
Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
Charles William Michaels answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How I can get a lawyer who can assist me to reopen the case and help me to vacate my case ?

When the county charge , is was unlawful because , there is a lot wrong doing it had happened between me and my other attorney they didn't notice me and consequences of immigration but today they give a fibber to the court that they've been explained to me about immigration, now I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

I can't tell if you are asking about a case from Texas or Minnesota but I can tell you that Texas has a very short period after a case is resolved to start the appeals process so you should probably start calling attorneys who take criminal appeals ASAP. If it has been more than a month you... Read more »

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
Charles William Michaels answered on Sep 15, 2020

First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: What motion if any can be file to help my brother?

My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

This is a Tennessee forum. It sounds like he may wish to file a notice of appeal if he still has time. Get ahold of an attorney in the appropriate jurisdiction.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
Charles William Michaels answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: The Appellate Court sent me a letter; A turn down letter from the superior Court. appellant Opening brief is due in 30

I did not received can't letter from the superior court; I don't have any idea what is going on with my Civil Case/Wronful Eviction. Please let me know how I can prepare opening brief and the reason why I need to send it, and the step I need to take for the procedures. Thank you!

Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

The rules of appellate procedure are contained in the California Rules of Court. If you are representing yourself, you are charged with the duty and obligation to read them and follow them. Otherwise hire an appellate attorney to assist you with the procedures in your case. Best of luck. This... Read more »

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Does an expedited appeal mean once everything is filed it goes to the top of the list for the court to decide
Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

No, usually an "expedited" appeal is for a certain class of cases: adult guardianship, juvenile guardianship, child custody, etc. And it usually means that the deadlines for the transcripts, the record, and the briefs have been shortened-- so that the case will move along faster.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If Review is denied by a State Sup. Court on an civil Appeal, can SCOTUS Mandamus relief be sought, or just Writ of Cert

In other words if a Writ of Certiorari is an option, would Manmadus relief be denied due to the writ of certiorari being an available remedy option?

Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

I think as long as the writ is an available option, the court will look to that option.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: If a judge strikes your motion because you filed pro se when you have counsel can you appeal that decision?

I have a juvenile dependency hearing on September 28th. A few weeks ago I filed a motion to strike neglect petition and a motion to vacate temporary custody. The attorney general asked the judge to strike the motions because I submitted them and not my lawyer. Is it a law that I have to use my... Read more »

Charles William Michaels
Charles William Michaels answered on Sep 7, 2020

If you are represented by an attorney, generally all motions, other filings and court appearances go through that attorney. There have times when a client files his own motions, etc. although that person is represented. But I would not think that should be grounds to strike those motions. So yes I... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: If somebody is a convicted felon what can they carry legally for self defense and protection
Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2020

more info needed........

it depends.....what were they convicted of? how long ago? on parole or probation? do terms of probation or parole address that issue?

the best person to ask is the person who represented them on the underlying case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 6, 2020

It may be ineffective assistance. Consult with an appellate attorney quickly.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Sep 3, 2020

No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
Charles William Michaels answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: In an appeal if the accused misses his deadline he is time barred and he loses what happens if the state misses it?
Charles William Michaels
Charles William Michaels answered on Sep 2, 2020

First, I am not a SC lawyer. However, your question is vague. If an appellant misses the deadline to note an appeal, yes he is time barred. But if your question has to do with appeal briefs, he may be time barred if the appellant does not file a brief on time.

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: can i get a protective order that was placed when i was 16 removed when i’m 18 in texas?

my mom found out back in 2019 that i was having sexual relations with a 19 year old when i was 16. she tried saying he had sexually assaulted me and i don’t know if she successfully got those charges pressed. considering he is not in jail i think she couldn’t since it was consensual. he is 3... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Yes, and also when you're 17 if the protective order was issued based on alleged sexual assault. On your 17th birthday, you became eligible to file an application with the court to rescind the protective order per Article 7A.07(b)(1) of the Texas Code of Criminal Procedure. After January 1,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Can a revoked bond condition be lifted?
Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Not sure of your question. But the Court that issued the Bond Condition can also be moved to modify its Order. It will require filing and arguing a Motion.

3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Minnesota on
Q: What does this mean? F - 1 COURT/PENDING - 152.025.2 Drugs - 5th Degree Controlled Substance - Pos
William Bailey
William Bailey answered on Aug 31, 2020

It means you have been charged with a drug crime. Contact a lawyer directly for more specific advice.

View More Answers

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.