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Arizona Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 5, 2020

First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't... Read more »

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 »

2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... Read more »

Jay Hall
Jay Hall answered on Jun 1, 2020

So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still... Read more »

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1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Apr 11, 2020

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our constitutional rights

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on
Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ
Randi Sirlin
Randi Sirlin answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Q: Can parents get there rights back if they were severed in arizona
Mike Branum
Mike Branum answered on Apr 15, 2019

Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

Zachary Divelbiss
Zachary Divelbiss answered on Dec 10, 2018

Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Is it true that any conviction in appeal is not a true conviction until the appellate process is exhausted?
Randi Sirlin
Randi Sirlin answered on Nov 1, 2018

No. Not everyone appeals. To appeal, you must take certain steps within specific time frames. If you need assistance, I recommend contacting an experienced attorney.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Q: If I don't like a decision from a lower court, where do I go next?

A judge in a small town court issued a restraining order to the other party, without me even in the court room. When I protested this, in court, he not only let the RO stay, but didn't allow me to testify.

Randi Sirlin
Randi Sirlin answered on Nov 1, 2018

You can appeal to the superior court. IF you need assistance, I recommend contacting an experienced attorney.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: What does it mean if the Court of Appeals sets a hearing date, then vacates it’s previous order & declines jurisdiction?

I’m trying to understand some paperwork the Arizona Court of Appeals, District 1, has posted regarding a Special Action. The case is in Phoenix, AZ.

K. Bryan Goodman
K. Bryan Goodman answered on Aug 12, 2018

It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.

2 Answers | Asked in Appeals / Appellate Law for Arizona on
Q: How long in an AZ appeal with the dependency court do you have to file a reply to a reply brief of an atty general?
Kai Michael Henderson
Kai Michael Henderson answered on Jun 17, 2018

This request is a little vague. In most circumstances the Parents appeal from the decision of the lower court, thus they file their appeal, the Attorney General files an Answering (Response Brief), and the Parent then gets the last word with a Reply Brief. See Rule 106 of the Arizona Rules of... Read more »

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2 Answers | Asked in Appeals / Appellate Law and Social Security for Arizona on
Q: My SSDS appeal was remanded back to the local ALJ. I cannot get an atty, it seems, because the atty I had, withdrew.

He withdrew after I rec'd a denial decision from the ALJ hearing. I filed the appeal pro se. I rec'd the remand ltr. March, 2016. Why will no attorney take my case? The ALJ granted my attys motion to withdraw, and by doing so, has left me in a difficult, helpless, position. (reasons... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

Suggest you look for members of the Arizona Trial Lawyers Assn who take Social Security cases. Is it something about your phone demeanor or lack of willingness to do some legwork yourself? Maybe it's your case? Your prior attorney should give you your medical records. You can ask the state... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: I was founded guilty. Can I be on the run until I find a lawyer who will work on my behalf and my appeal?

I'm innocent and I don't want to be locked up to prove my innocence. I think I can get more done looking for a lawyer to represent me and file my appeal.

Matthew Maerowitz
Matthew Maerowitz answered on Sep 29, 2016

No you cannot. There are time limits for filing an appeal. You need to at a minimum get the notice of appeal filed and consult with an attorney that does appeals asap.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: How long does it take for a lawyer to be appointed to a specific appeal case?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

Has one been appointed yet?

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: I am wanting to know how to find out if someone is trying to appeal there convictions?
Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

Ask the appellate clerk.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Was denied SSD after 3 years appeals ALJ denied, had enough work credits never returned to work 2005

3 Doctors including State Doctor said i could not go back to work, was not ask to be retrain, has been 12 years, was given SSI 2010 why was i not given my SSD when i applied had enough work credits, also more that were not recored in WA?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 22, 2015

Do you honestly expect a full answer from writing just a few sentences? It is quite complicated, isn't it?

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: What is the next legal step after an opening brief.

After the opening brief has been denied

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Probably an answer brief.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: What court of appeals in ninth circuit in California should I appeal my civil complaint to if need be?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 28, 2015

Just asking this question indicates to me that you need to go speak with an appellate attorney about this.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Can I file a criminal appeal for my boyfriend? Are their any pro-bono appeals lawyers? How many days do you have from se

Sentencing to file your appeal?

Timothy Alan Provis
Timothy Alan Provis answered on Dec 18, 2013

Dear ?,

To appeal, your boyfriend must sign his own notice of appeal which must be filed in the superior court in the county where he was convicted no more than 30 days aftewr sentencing. If bf is indigent, that is, too poor to afford counsel, the State of Arizona must appoint counsel for...
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