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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... Read more »

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... Read more »

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Colorado on
Q: I believe evidence was withheld from me culminating in entering a plea agreement under duress. What can I do about this?

I never saw the photos of evidence sized or the police body worn camera footage before entering into this plea agreement. Also I was able to view the body camera footage three days before my sentence was handed down and the acting DA never returned my lawyers phone calls and messages. The original... Read more »

Sean Maye
Sean Maye
answered on Jan 24, 2023

First and foremost, if you did not see essential evidence/videos prior to your plea agreement and you would not have accepted the plea agreement if you had viewed the essential evidence/videos, that is certainly grounds for withdrawing your plea. The practical effect of this is that the case... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Is there a statue of limitations for suing for violation of civil.rights?

Maliciously prosecuted by the catholic church and a priest and his lying church member.

Prosecuted with no evidence.

Found not guilty. cruel. they lied. I have proof.

Louis George Fazzi
Louis George Fazzi
answered on Jan 23, 2023

Yes, the statute of limitations for your action is 2 years from the date of your injury.

You should immediately consult a good civil rights lawyer to make sure you don't miss the deadline to file your lawsuit. In your case, the date the statute of limitations began running is complicated.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: I am trying to sue the county prosecutor office. I was told to amend my complaint? How do I amend my complaint?

Who do I list as the defendant? If the county Departm is who I going after

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

You amend a complaint by filing a new document titled Amended Complaint with the changes you are making. If suing the prosecutor, one would generally sue the elected individual in their representative capacity, and if alleging malicious wrongdoing, in their personal capacity as well, along with any... Read more »

1 Answer | Asked in Contracts and Appeals / Appellate Law for Texas on
Q: Do I need to serve a citation for a Writ of Mandamus if the respondent and real parties of interest are able to efile?

The real parties of interest and the judge/ respondent are available to efile. So I don't know if I still need to serve them a citation.

John Michael Frick
John Michael Frick
answered on Jan 19, 2023

It depends on whether you are filing a writ of mandamus in the trial court or in the appellate court.

In the trial court, you do need to issue and serve a citation.

In the appellate court, you do not need to issue and serve a citation.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arizona on
Q: My X is appealing com property split in our divorce. Am I required to respond to the appeal? I have no $ for an attorney

I'm in Arizona, a community state.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jan 16, 2023

I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.

1 Answer | Asked in Appeals / Appellate Law and Probate for Georgia on
Q: How long do I have to file an appeal on a probate judge's decision
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: I need to request a new hearing in a civil case in Charlotte Co. FL. that I was found liable for because I couldn't make

It to the hearing. Plaintiff won by default. I never got my day in court. Can I request that?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 10, 2023

Yes, you can, BUT

1. you did have your day in court. Unless you were in the hospital unable to access the court by telephone, kidnapped, or physically trapped, you could have made it to Court. make sure the reason that you didn't make it to Court was something that was completely out...
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1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Indiana on
Q: If the tpr has filed and they took my parental rights and I've filed the appeals in supreme court.howdoufile us supreme

And they never ask family or a friend if they could take adoption or gaurdingship how do file for this

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... Read more »

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Appeals / Appellate Law, Domestic Violence and Family Law for California on
Q: Appeal DV Restraining Order due to "Acts of God"?

First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2022

you really want to present this to a family law attorney.

most judges do not give you any slack for being late.

when they called the case you were not there...period.

NOW, you would have to retain and lawyer to try to set aside the ruling.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: Are there any cases where an EEG test took precedence over a interview only exam to prove sanity?

The LAPD arrested me, the victim instead of the perp, then tried to frame me to cover it up and got caught on film planting falsified evidence. I represented myself and proved in court that the plaintiff's had made their entire story up. But because the cops tried to frame me and got caught,... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 26, 2022

This would be an issue for doctors to testify to, not a legal issue.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: Is an appeal decision by the Circuit, known by the attorneys before it is published?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Generally, attorneys register active litigations and receive email alerts whenever an event occurs in the matter including when decisions are made.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How many days after a case has been dismissed does the appeal petition have to be submitted?
John Michael Frick
John Michael Frick
answered on Dec 19, 2022

In most cases in county or district court, within 30 days of the date the Order of Dismissal is signed by the judge.

This deadline can be extended, however, by the timely filing of certain particular motions.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for New Jersey on
Q: What lawyer would I hire to fight for my unemployment benefits after being denied for voluntarily leave appeal
Paula M. Dillon
PREMIUM
Paula M. Dillon
answered on Dec 15, 2022

Some employment lawyers handle unemployment appeals.

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for New York on
Q: Need ONLINE case studies RE: violation of NYS Public Policy regarding Beneficiary rights. time sensitive (appeal)

This info. needed asap.

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

It could be difficult for attorneys to suggest general case law relevant to your given situation based on the brief description here. You could await a response, but given the short timelines for appeals, you could also consider reaching out to attorneys who practice in the area(s) of law involving... Read more »

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