Thank you for the reply, this makes no sense B/C its a Child Custody Appeal....unless the Transcripts are being omitted due to the other party having committed a Family Offense, could this be possible?
I was told it means Transcripts were electronically sent and not in paper form.
I'm sorry your question remains open for two weeks. I looked up the statute to see if it would be helpful in pointing you in the right direction for guidance. The statute you cite reads in part... [Section 800.14] Appeals in criminal cases. " ...When the clerk of the trial court has...Read more »
It's an old negligence case but the first of its sort where there was a hole or uneven grass at a NY stadium (I think it was yankees) and someone in the outfield when chasing a ball stepped in it and injured his ankle. I used to know it but have forgotten.
I'm not certain about a hole in the field, but I believe there was a claim in the seventies or eighties contending that that one of the New York stadiums had been poorly designed due to not providing for adequate water drainage from the outfield, which led to a ball player's injury....Read more »
There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in...Read more »
I sorry your question remains open for two weeks. Only an experienced criminal defense attorney should advise here, but you're waiting for a response. At this point, if you haven't already reached out to attorneys, you could use the tab above (Find-a-Lawyer) to search by region, or you...Read more »
If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.
Depending on the case, one can still be convicted without their own...Read more »
Attorneys helping pro se litigants is generally regarded as normal and acceptable. The prospects for obtaining free legal support could depend on the matter at hand, and the financial means and position of the litigant. Every case could be different. Good luck
The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?
First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.
For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... Read more »
Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to...Read more »
It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... Read more »
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended and broke. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to... Read more »
Typically they can only change a promised sentence if there's a change in circumstances. Was there a written agate? Oral? Did the judge take the plea and was the defendant promised a sentence and then change it based on new findings?
First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative...Read more »
Your attorney knows the case better than any speculation that can be offered out here. It could depend on the type of case, and some appeals could take time, particularly if there is a difficult issue on which a higher court is not eager to overrule a lower court. Good luck
This requires more information and a more detailed look at your specific situation, including what type of immigration status or matter you are dealing with, what you were denied for, where you appealed, and the circumstances around that. If you had an attorney help you file the appeal, you should...Read more »
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