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California Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 16, 2021

Why don't you just share that with the criminal defense lawyer?

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

Charles William Michaels
Charles William Michaels answered on Jul 12, 2021

First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

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1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: 4th amendment violation by orange county sheriff's department several times after probation ended in 2012

I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

more info needed.

most defendants know how long probation is going to be OR they call their lawyer to find out.

you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I try to open a new claim for SDI. MY PREVIOUS CLAIM EXHAUSTED. HAVE 19000 FROM WORKING FOR THIS PERIOD. TO OPEN A NEW

CLAIM THEY SAY THIS IS A CONTINUATION OF PREVIOUS CLAIM I CANT OPEN A NEW CLAIM

Neil Pedersen
Neil Pedersen answered on Jul 3, 2021

You have not asked a question. This Q&A board is not a place where you can ask an attorney to work for you, and it would be inappropriate for anyone to respond to your post with an offer to work for you.

Sounds to me like your answer will have to come from the EDD. I know it is very...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for California on
Q: How could I word my argument in my appellant opening brief?

Q: submitted proof of completion of programs, complied with visitation orders, requested 2 more hours a week judge denies

I’m appealing two cases, one for each of my daughters. I have complied with visitation ordered and submitted proof of completion of all requirements. I’ve been... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

Your argument in your brief could be just like what you said above.

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: I received part of the settlement and the attorney has yet to get a hold of me what do I do?

My house burnt down my husband got an attorney they even worked with me into getting a settlement. My husband signed a paper saying that I was to get part of the settlement that his attorneys made him sign. And he already got paid his settlement I have tried to get ahold of the attorneys they will... Read more »

Julie King
Julie King answered on Jun 27, 2021

I would send the law firm a letter by certified mail (so you can prove they received it) saying both your lawyer and you have called the firm on multiple occasions, yet never received a response. Then say something like: this is your final notice that I want the settlement money owed to me and, if... Read more »

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: You have a man w/a head wound .A man w/a hand wound. A broken glass bottle ...who would be the likely aggressor?

A-The man picked up th bottle w/his head & cut the mans hand?

B-The man cut his hand on broken bottle while hitting man in th head?Or breaking bottle? My son was assaulted, taken by ambulance to ER(8 stitches)then jail,charged w PC245(1)(A)&PC422.Son has schizoaffective... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2021

more info necessary.

a lawyer would have to read the police report and not speculate.

you need to set up an appointment with a criminal lawyer in your area who would have to move to set aside the plea. That is not always easy. The judge goes through admonitions asking if that is...
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1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?

Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 24, 2021

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: During this covid crisis I havent a lawyer for my case

I have A telephone court date April 20 2021 do I need a lawyer?

Tim Akpinar
Tim Akpinar answered on Apr 9, 2021

A California attorney could advise best, but your question remains open for two days, and by Monday, you're looking at about a week to find a lawyer for an April 20th court date if you decide you want to go with one. You don't indicate what type of hearing it is, and many courts are... Read more »

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on
Q: If I won a small claims judgement in small claims court in California,the Defendant decides to file an appeal on the

31st day, the judge ordered the judgement on January 11,2021 and the defendant filed on Feb 11,2021, therefor bringing it to 31days

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

May be untimely, depends on how the notice of judgment was served. Add 5 days for service by mail. Path of least resistance, bring it up at the appeal hearing by filing a motion to dismiss late appeal, the Judge should hear that first, and rule on it then go to the main case. Be prepared to... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I received a traffic ticket. Judge scare me into pleading guilty. Can I appeal this ticket?

I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.

Charles William Michaels
Charles William Michaels answered on Feb 11, 2021

Generally not--when a person pleads guilty any appeal rights are waived.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: When will vincent hwang be released after the appellate court ruling?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Soon. Insufficient information for more.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Juvenile Law for California on
Q: How can I appeal a juvenile court jurisdictional hearing before the disposition hearing and get a new judge and lawyer?
David Michael Lehr
David Michael Lehr answered on Jan 26, 2021

Sorry, but that is broad question. You need to talk to the attorney who handled the case and see what your chances are going to be.

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