Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More 
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?
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answered on Apr 10, 2025
A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.
The factors that are considered when deciding on whether or not to grant bond are:
1. risk of... View More
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
answered on Apr 16, 2025
Talk to an appellate attorney. Because it would likely be time and money wasted trying to appeal an order when you had adequate legal counsel. It is probably best to continue the case in the new jurisdiction with any valid arguments you may have.
I am involved in a custody case that originally opened in Georgia. The primary custodian relocated to Tennessee during the case without notifying the court or the other party. Subsequently, a case was filed in Tennessee, requesting a transfer of venue after the primary custodian resided there for... View More
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answered on Apr 6, 2025
Here's your problem: an appeal may not help you. Even if there was something improper about Georgia terminating jurisdiction, even if you won the appeal, the remedy would just be to have the order set aside and a new order entered. Georgia always has the power to terminate jurisdiction... View More
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answered on Oct 27, 2024
Any case that might state this would merely be referring to the actual language of the statute (OCGA 16-6-24(a)), which provides:
"A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or... View More
I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation
answered on Jul 3, 2024
As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More
Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?
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answered on May 19, 2024
If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.... View More
What can I do about this?
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answered on May 1, 2024
If you believe there has been misconduct or errors in your case handled by the court of appeals or juvenile court, you have several options. Firstly, you may consider filing a petition for reconsideration in the same appellate court to ask the judges to review their decision, pointing out the... View More
And my attorney clearly showed and stated that the court had wrongdoings? And they did nothing either? What can I do?
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answered on May 1, 2024
If your appeal was denied by the court of appeals despite presenting evidence of misconduct in the juvenile court, you might feel understandably frustrated. However, you still have some options. Firstly, consider requesting a reconsideration from the same court of appeals, if this is permissible... View More
Can I do that in person at this time or do I need an attorney to do that but it must be done right now today
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answered on Mar 31, 2024
If you have received an eviction order from the Magistrate Court and wish to file an appeal, it is generally best to act quickly. Here are a few important points to consider:
1. Time limit: Most states have strict deadlines for filing an appeal after an eviction order is issued. You should... View More
I'm at courthouse now and fixing to walk into magistrate clerk of Court office to do so how do I proceed?
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answered on Mar 31, 2024
I understand you are in a challenging situation and want to file an appeal quickly. Here is some general guidance, but keep in mind that specific procedures can vary by court and jurisdiction:
1. Go to the clerk's office for the court that issued the dispossessory order (in this case,... View More
Initiate a lawsuit against cps investigator whom violated intentionally the newly approved bill 133 and intently wanted to cause emotional turmoil and tort against me
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answered on Mar 29, 2024
Initiating a recusal for an acting Juvenile Court Judge involves a specific legal process. If you believe the judge has violated your civil rights and demonstrated bias, you should first consult with an attorney experienced in juvenile court matters. They can advise on the merits of your case and... View More
and has been extremely biased in this whole process, as well as after the initial hearing, which that hearing and any proceedings should have been dismissed as the law on the principle certificate of service was purged by dftcs and the acting court actors. We never received by hand delivery, nor... View More
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answered on Mar 9, 2024
It sounds like you have serious concerns about how your legal case has been handled so far. Based on the issues you described, here are a few thoughts on potential next steps:
1. File a motion to dismiss: If you believe the court lacks jurisdiction over your case due to improper service of... View More
The new lawyer can’t obtain it neither the defendant. We are trying to draft up a Habeas Corpus of ineffective council on a Capital Case. Can we subpoena it’s? Or what’s other steps can we take, also the habeas has to be filed by July of 24’ this year. This is a Malice case, that was... View More
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answered on Feb 4, 2024
In a capital case, obtaining the discovery package is crucial for preparing a habeas corpus petition alleging ineffective counsel. If the current attorney is unable to obtain the discovery through regular channels, there are several steps that can be taken.
Firstly, the attorney should... View More
I'm dealing with a $387,000 judgment lien on my property from a personal injury claim I believe was obtained through fraud. They only accept $250,000 to settle, but I missed the appeal deadline. I face harassment from the claimant, who used abusive language and questioned my discovery... View More
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answered on Apr 16, 2025
If you believe the judgment was obtained through fraud, you may still have legal grounds to challenge it even after the appeal deadline. In Georgia, a court can set aside a judgment under O.C.G.A. § 9-11-60(d) if it was procured by fraud, accident, or mistake. This is not the same as an... View More
I am representing myself (pro se) and filed a notice of appeal related to a consolidated case, which resulted in one final order. My appeal correctly targets this final order. However, I've requested the dockets of both cases to be included because they are essential for the appeal process.... View More
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answered on Apr 13, 2025
If the clerk is refusing to provide the cost bill unless you remove the request for the second case's docket, you could first attempt to clarify the necessity of that docket. You may want to send a formal letter or email to the clerk, explaining that the docket for the second case is essential... View More
I'm looking for information on recent criminal court cases in Georgia's Superior and Supreme Courts from 2024 to 2025 that were reversed due to issues with transcript certification. Specifically, I'm interested in cases where judges certified transcripts without any defense witnesses... View More
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answered on Apr 12, 2025
In Georgia, the certification of trial transcripts is governed by specific legal standards. According to Georgia Code § 15-14-5, court reporters are responsible for transcribing proceedings and certifying that the transcripts are true, complete, and correct. This certification is presumed accurate... View More
I was arrested following a traffic stop conducted by the chief of police in Georgia, who then acted as the prosecutor during my bench trial. I was found guilty of obstruction. The judge in my trial previously served as a mayor in another town where the chief had worked as a police officer, and they... View More
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answered on Mar 24, 2025
You have several strong grounds for appeal based on the procedural irregularities and potential conflict of interest you've described. In Georgia, you generally have 30 days from your conviction date to file a Notice of Appeal with the clerk of court where your trial occurred, followed by a... View More
I have documents, including a search warrant and 16 additional papers, that violate my right to due process by prejudicing my defense. Neither the judge nor my public defender will review this evidence. With an upcoming court date, whom should I contact about this situation?
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answered on Mar 24, 2025
If the judge and your public defender are ignoring clear violations of your due process rights, you have the right to take further steps. Start by contacting the state public defender’s office or their supervisor and file a formal complaint about your defender’s inaction. If you're being... View More
My son has been incarcerated for 13 years, and at the end of his trial, he discovered a conflict of interest: the jury foreman and the judge knew each other personally. This concern was brought to his public defender at the time, but no actions were taken regarding the conflict. There haven't... View More
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answered on Mar 24, 2025
This is a complex situation with potential legal options, but time is a significant factor in Georgia's post-conviction process. In Georgia, there's typically a four-year statute of limitations for filing habeas corpus petitions based on constitutional violations, which a judicial... View More
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