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plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.
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answered on May 19, 2024
Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More 
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answered on Jun 3, 2024
Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
The fact that the... View More
If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?
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answered on May 1, 2024
When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More
I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More
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answered on May 1, 2024
If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More
Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.
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answered on Mar 28, 2024
In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More
I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.
answered on Dec 13, 2023
What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.
He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!
answered on Sep 30, 2024
Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.
Afterwards and the commonwealth attorney changed my date without notification to me and there's no bond or bail due to me serving out
answered on May 27, 2024
Yes, although you may have a solid defense to it. Hire a criminal defense lawyer immediately to get out in front of this problem.
Also I have been iD fraud, Microsoft and 2 hospitals leaked my records, I lost my apartment vehicle and job after a dui I was innocent of, the next day cps took my daughter... now looking back it's clear to me that Shelbyville ky has done this same thing to many women. Federal housing,... View More
answered on May 10, 2024
Talk to a local lawyer. Much more info is needed to ascertain the intellectual property you referenced.
They were partners for almost 5 years before he took his seat in office as a judge. She sucked as an appeal atty and didnt put any of the arguments about false documents, or that the judge didn't follow record retention procedure. On top of that she discouraged me from doing any further... View More
answered on Feb 8, 2024
What you have described happened regularly and on its face is not a conflict of interest nor a violation of the judicial canons.
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answered on Sep 14, 2023
o find a capable criminal appeals lawyer in Kentucky for potentially vacating a wrongful conviction under KRS 503.085 (self-defense), start by contacting the Kentucky Bar Association or seeking referrals from trusted sources. Online attorney directories and local legal aid organizations can also... View More
Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More
answered on Aug 24, 2023
Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.
Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28... View More
My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... View More
answered on Apr 9, 2023
Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney
Plaintiff never showed any evidence at all. Plaintiff did not show up the last 3 court dates. I’ve motioned to dismiss. Also, the judge has already seen me on the same case from 2017. Plaintiff is over a year past statute of limitations. I know for a fact, because my co-Defendant tried to sue... View More
answered on Mar 25, 2023
You can object to the order and then appeal if you lose your objection.
I need help
answered on Apr 18, 2022
You should file a contempt motion against mom for violation of the court order.
I severed almost 5 years on a 23 year sentence, won my appeal and it went back to circuit Court. I accepted a lesser charge for 3 years and it was marked as time served. But I was also made to do 3 years probation and recently was released without incident. Found papers that every day should have... View More
Court of Justice , Department of Community Based Services, and The Cabinet of Health and Family Services tried their best to hide it from me, and failed. Before I found out about , Custody of my child was took before the TPR , Yesterday , it was discovered, I had already filed a lawsuit on the... View More
answered on Oct 28, 2021
They either have a conflict of interest or are attempting to avoid the appearance of impropriety. Beyond that, you will probably never learn the real reasons for recusal.
The 6th Circuit US Court of Appeals employs a three judge panel to hear all appeals, both criminal and civil. What if one of the judges was so sick, he could not understand the proceedings, leaving effectively only two judges? Since everybody else is given three judges, is this a violation of due... View More
answered on Oct 4, 2021
Generally, NO. I assume the absent judge will be at the conference meeting where they usually discuss the case(s) and vote. So I don't see any violation of due process.
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