Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More
answered on May 8, 2023
There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More
Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.
I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... View More
answered on Mar 6, 2023
The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... View More
In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record... View More
answered on Feb 12, 2023
That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue... View More
I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse
answered on Dec 9, 2022
With a remand for further proceedings, you should not have to do anything. The circuit court will get the case back from appellate court, and the circuit court case will start up again. You should receive notice when that should happen.
I like to know whether i should file a new suit or the entire case filed earlier will continue since the md court of special appeals vacated and remanded the judgment for further proceedings. I will obviously need to hire an attorney going forward. Yet i like to know my available recourse
answered on Dec 8, 2022
You do not and cannot re-file the suit. The case goes back to the circuit court to address whatever the CSA directed the circuit court to do. Whether that means a retrial of the entire case, or to address a particular issue or determination, depends on what the order for remand says.
An atty filed a frivolous lawsuit against me. I fought back and the atty quickly withdrew the complaint. Yet the case still costed me a significant amount of atty fees and expenses. Subsequently, I filed a complaint with Maryland Attorney Grievance Commission against the atty for misconduct. The... View More
answered on Aug 22, 2024
Unfortunately, bar counsel has the sole discretion whether to pursue a grievance against an attorney. You cannot appeal their decision.
The criminal charges were dropped but for my mva admin hearing, I got a new judge. After 2 hearings, he asked to have a few weeks to look over everything & issue a written decision. There was a video of my arrest & in this video I ask for a breathalyzer multiple times, as well as what my... View More
answered on Apr 9, 2024
All attorneys set their own fees. You would need to inquire to different lawyers what their fees would be. You should be aware that an appeal (Petition for Judicial Review) is on the record and the decision will be affirmed if there was substantial evidence to support the decision.
If your told your appeals attorney will be at court defending you but sends someone else you've never talked to instead without talking to you about it. He also failed to send another lawyer from the trial court county to testify he would have tried your case differently when your seeking... View More
answered on May 8, 2023
It depends on the fee agreement and other facts. Generally, an attorney hiring and using associated attorneys is acceptable.
Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... View More
answered on Feb 2, 2023
You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)
During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... View More
answered on Jan 31, 2023
As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.
In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... View More
answered on Jul 17, 2022
He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already... View More
I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court
answered on May 1, 2022
From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.
This is year 5 that they have served, this is in the state of Maryland, they did appeal but are unable to fight case because parts of the transcripts are missing, the charges are murder, attempt murder, armed robbery etc, little to no evidence, no line up was done,
answered on Jan 4, 2022
Impossible to ascertain from your post what, if any, basis there would be to change the result after 5 years, a (completed?) appeal, and unknown circumstances and relevance of the missing day's transcript. A lawyer would have to review the entire case file, talk to trial and appellate counsel... View More
answered on Jun 5, 2021
What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... View More
Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?
answered on Jun 5, 2021
Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,... View More
The defendant is my son who hates me enough to murder me and failed. I provided $300.00 to the purchase of the dog, "Bear", paid for over $2000.00+ medical bills, paid for all but eight? bags, of dog food, poop bags, treats, cared for him twenty-four hours a day even when my murderess son... View More
answered on May 12, 2021
Assuming that the case was litigated in district court, an appeal could be taken to the circuit court within 30 days. However, it is not clear from the question if the time to file an appeal from the original judgment (as opposed to the decision in the contempt/show cause hearing) has passed.... View More
I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?
answered on Nov 28, 2020
A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.
The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?
answered on Nov 28, 2020
Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.
Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL
answered on Sep 13, 2020
You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... View More
I have filed a motion to vacate an arbitration award which was administered by an arbitrator employed by the Attorney General’s office. The AG has filed a motion to intervene as well as a motion to dismiss. This seems unusual. Do arbitrators normally become involved in the appeal process?
answered on Aug 16, 2020
No, in my experience arbitrators do not usually become involved in the appeal process. But what is your question directed to, concerning the appeal process or your case?
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