In Minnesota, generally police will be able to lawfully stop a vehicle with one of two headlights out. Disabilities and memory issues of the defendant would not normally be a defense to a criminal charge. However, depending upon type and severity of cognitive issues, issues such as...Read more »
Currently incarcerated in Faribault MN Prison. Was sentenced 12/21/2012, 4 years remaining. With the laws changing and my depreciating mental health, I need him out here is possible to take care of me. Looking for Appeals Attorney to review his case and see what our options are. Im on disability... Read more »
Your fiancee's has already appealed his convictions. That appeal was decided by the Minnesota Court of Appeals April 28, 2014. Absent something extraordinary, he no longer is able to appeal or challenge any errors that might've occurred in his case. An appellate attorney would need to...Read more »
I appealed the denial of a motion to suppress in my criminal case. The briefs were filed and the case submitted to appeals on September 21. I read the decision must be made in 90 days. What happens when they don't?
The mother of my bfs daughter has been trying to change the last name of his 3yo daughter to her new married name. He first received a letter in the mail regarding this motion in Sept. The letter only indicated the time, date, and virtual hearing link. It was in Oct 2021 and he showed up to find... Read more »
My social security disability has gone to the federal courts and no one will take my case! can I sue for discrimination? I feel I have been discriminated all along and my journals re disregarded. Would you take my case??
This is something that a social security disability attorney would probably understand best, but your post remains open for five weeks. It could be difficult for an attorney to offer to handle your case in response to your question - this forum does not operate like an attorney referral service...Read more »
A Minnesota attorney could advise best, but your post remains open for three weeks. It could be difficult for an attorney here to reach out to you - the format on this forum is basically quick general questions, not attorney referrals. One option is search online for social security disability...Read more »
Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »
There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent...Read more »
The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t...Read more »
I hope your okay physically due to your manager's aggressive behavior. I suggest you contact law enforcement to report the facts to them in addition to making it known to your employer in writing as to what happened. Tell the truth always. If your benefits for unemployment are being withheld,...Read more »
I do not have the information about the case to give a definitive answer. However, a judge can after a review of all the evidence and testimony decide that parent (biological or not) is the de facto custodian of a child. Since the court order was in 2017, the appeal period has passed, although an...Read more »
I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled...Read more »
One of the things that we have to clarify is the order of cases and appeals. We need to start with the original case, working up all the way through Ford V. Wainwright. Would you be able to help me with this?
You can appeal, absolutely. The chance of success is a different question. You should speak to an appellate attorney as soon as possible because anything related to an appeal or other post-trial work has a very strict and very short deadline.
I think my PO wants to lock me up bc i was caught driving on a 4yr probation of my 3rd dui i want a lawyer bc i feel i been doing great ive passed all UA's and did all treatment in classes just made one mistake
I believe we already discussed this on the phone so I won't go into detail here. Short answer is "it's possible, but a judge would have to give a specific warning first." I am skeptical that the court would follow through on such an extreme threat.
Your question is confusing. The appellate court does not have jurisdiction to reverse a trial court decision unless an appeal is filed. If an appeal is filed and you disagree with the appellate court's decision, you must petition for review in the supreme court.
I assume you are referring to a criminal appeal and the possibility of raising issues in a post-conviction petition. Generally speaking, the answer is no. This is referred to as being "Knaffla-barred." There are very limited exceptions to the general rule.
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