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District of Columbia Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for District of Columbia on
Q: Is there guidance on relying on citing caselaw that is current but that is now on appeal?
Tim Akpinar
Tim Akpinar answered on Nov 8, 2019

I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and... Read more »

1 Answer | Asked in Contracts and Appeals / Appellate Law for District of Columbia on
Q: For this case what statutory interpretation is demonstrated?

what kind of law is used and how would you define the statutory interpretation used?

Tim Akpinar
Tim Akpinar answered on Sep 10, 2019

It's possible part of your post was left off. As a general matter, statutory interpretation is essentially what the definition suggests - the operation of a court interpreting legislation. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for District of Columbia on
Q: On an appeal brief, once proven that the lower court lack subject matter jurisdiction may I sought release

I'm filing an appeals brief, and I have proven that the lower court never had subject matter jurisdiction to render there judgment. In my relief sought may I demand a immediate release or remand it back the lower court for the issuance of the writ to test the legality of the restraint

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

Is this a criminal defense matter? If you prove that the lower court lacked jurisdiction, the court should issue an order to overturn the decision of the lower court, and you should ask for that in your appeal. It's best to have an attorney handle an appeal, as they can be too complex for... Read more »

1 Answer | Asked in Appeals / Appellate Law for District of Columbia on
Q: Can a plaintiff appeal a decision on an issue raised by a different plaintiff?

i.e. can plaintiff 1 appeal the decision on issue 1, if issue 1 was originally raised by plaintiff 2?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

You may lack standing to bring this sort of appeal. It depends on the facts of this seemingly multi-plaintiff case; but if they're 2 separate cases, then typically not. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my... Read more »

1 Answer | Asked in Appeals / Appellate Law for District of Columbia on
Q: do I need an appeals lawyer to file a motion?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

You are generally permitted to litigate actions and file appeals on your own, without a lawyer representing you; but having a lawyer is advisable if you can afford one. An exception is that if you're in a corporate action where you're trying to represent an incorporated entity (e.g., your... Read more »

1 Answer | Asked in Appeals / Appellate Law for District of Columbia on
Q: Is it possible to appeal a Bad Conduct Discharge after 8 years or so?

I was given insufficient guidance by my appointed council and waved my rights to automatic appeal. I believe the sentence was to severe and the charges in question wrong.

Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Probably not.

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