Appellant erred by filing appeal of an Administrative Hearing officers order with District Court. At District Court hearing Judge gave appellant an additional 30 days to correctly submit appeal to NM Appeals Court. Appeals Court dismissed the case for late filing.
A New Mexico attorney could advise best, but your question remains open for four weeks. At this point, if you haven't already done so, you could try to arrange a free or brief and limited consult to determine if there are any issues that could still be raised. Good luck
Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.
A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law...View More
Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... View More
It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.
I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... View More
If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional...View More
If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.
In most states you can represent yourself "pro se" unless a corporate entity is the party. In New Mexico you are allowed to do so on appeal under Rule 12-302 NMRA. Since the lawyer has not withdrawn, file the notice of appeal (and pay the filing fee) yourself under Rule 12-201 NMRA,...View More
You needed an attorney to answer this question back when you asked it. Appeals are quite limited. There may not have been grounds to appeal, but only an appellate criminal defense attorney who has read the entire transcript and who knows all the facts can assist. Still, there might be a chance at...View More
There is no form for a response to an appeal in any state. After the notice of appeal is filed then briefs on the legal issues must be filed. The appealing party's brief is due first. If you have received such a brief, then you must file an answering brief. If you don't think you can...View More
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