Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional... View More 
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answered on Jul 21, 2024
If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your... View More
answered on May 20, 2024
There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.
First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to... View More
Appeal was based on excusable neglect and the matter: damage done by surgeon's negligence res ipsa loquitor
answered on Mar 20, 2024
A North Carolina attorney could advise best, but your question remains open for a week. Nationwide, there are usually provisions to remove cases from small claims to higher courts. You could consider trying to set up a no-obligation/free initial consult with a local attorney to review the matter... View More
I am seeking to file a Motion for Appropriate Relief in North Carolina. I want to bring the judgment on my case to trial because at the time of the plea agreement, I was not on my mental health medication and did not understand the agreement. I have new evidence in the form of a letter stating... View More
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answered on Apr 12, 2025
To file a Motion for Appropriate Relief in North Carolina, you will need to show that your plea agreement was entered into under circumstances that violated your rights. Since you were not on your mental health medication at the time and did not fully understand the plea, you may have grounds to... View More
What can we do to get this brought back into court to have the sentance reduced due to the false statements ? And can prove that she isn’t a credible Witness due to all of her lies that are in the discovery . And the defendant did not recieve all of the discovery before the plea was accepted.
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answered on Jan 5, 2025
If you believe the plea was based on false statements, you can take steps to address this in court. Start by collecting all evidence that shows the witness lied, including any admissions she made later or inconsistencies in her statements. Document how these false statements affected the outcome of... View More
I seek guidance on addressing civil rights violations from 12 involuntary civil commitments (IVCs) in North Carolina, 10 within five months. In 11 cases, I was denied proper notice and legal representation, violating N.C. Gen. Stat. § 122C-264(a) and § 122C-268(d). The one time I had counsel, my... View More
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answered on Oct 20, 2024
I'm sorry you're experiencing this challenging situation. Start by collecting all documents and records related to each involuntary civil commitment. This evidence will be essential when consulting with an attorney who has experience in mental health and civil rights cases.
To... View More
I seek legal advice regarding a series of wrongful involuntary commitments (IVCs) between March 2022 and September 2024 in Winston-Salem, NC. Of 12 IVCs, 11 occurred in 2024 alone, initiated by my mother. These actions caused severe personal distress, and I believe my due process rights were... View More
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answered on Oct 20, 2024
I'm sorry you're going through this challenging experience. It's important to seek professional legal assistance to navigate these complex issues effectively. Start by contacting an attorney who has experience with civil rights or mental health law to discuss your specific situation.... View More
My attorney has refused to raise the issues of fourth amendment violation illegal warrentless search of a lock box safe. Fourth, amendment violation of deputies prolonging investigated stop without probable to conduct dog sniff, sixth amendment violations confrontational clause due process... View More
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answered on Aug 5, 2024
It sounds like you’re facing a challenging situation with your appellate attorney. If your attorney is not raising the issues you believe are critical to your case, you might consider addressing this directly with her first. Schedule a meeting to discuss your concerns and provide her with the... View More
Ex husband and wife completed a bench trial for a Breach of Contract Suit. The contract was an executed notarized separation and property settlement agreement. In the agreement, wife received the house (was quitclaim deeded to wife and notarized). In exchange, the husband received all the... View More
answered on Feb 12, 2024
I don't see a reason why not; a sale would likely be held up regardless if the closing attorney is doing their job properly. But a list pendens seems proper here.
Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't... View More
answered on Apr 28, 2023
You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.
If you did present that evidence during the hearing, you can appeal the court decision.
As for “filing” against... View More
The man was arrested without probable cause, without consent and without a warrant. He was simply accused and had ineffective counsel who did not use discovery to find his approximate location beyond a reasonable doubt, using his personal cell phone geolocation on the date and time in question by... View More
answered on Apr 1, 2023
Allegations of certain types of crimes may constitute defamation (libel or slander). But this doesn't usually apply to official government actions like prosecuting someone for a crime.
As for the criminal proceedings, nothing you shared sounds like a real slam dunk case of ineffective... View More
Our landlord never fixed anything in the building we were renting for our business and we couldn't open. Back at Covid, he told us not to worry about rent "until we were up and going". The roof was leaking and ruining the carpet with mold and the AC/heat never worked. We ran a sports... View More
answered on Mar 1, 2023
First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on... View More
District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.
I do not have ANY SUBSTANCE ABUSE problem. My last drink was on July 4 of 2021! I have never been involuntary admitted to any substance abuse facility. I don’t use any drugs at all either and I haven’t In well over a year. I want to appeal the decision but I’m not sure what to do or if I need... View More
answered on Aug 10, 2022
There is not an appeal "question" in this post. I am not a NC lawyer, but if you truly want to appeal the decision, I would recommend legal representation. A core issue to be addressed on appeal is why do you need a pistol permit.
Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further... View More
answered on Jul 21, 2022
First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript... View More
answered on Aug 11, 2021
First, I am not a NC attorney. That being said, I suppose you could file another motion for a temporary stay. But that motion will probably be denied as the first one was, unless you can show a material change in your favor.
My father is a homeless veteran due to a consent judgment outside the original will.
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answered on Jul 21, 2021
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... View More
I own my house my ex-friend name isn't on anything she doesn't pay rent or any bills she do buy food every now and then we been living together for 5 years she doesn't clean and damage my home. I have ask here to move many times because of her drinking and drug problem the police... View More
answered on Aug 28, 2020
First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to... View More
I was at university during the spring and once covid took over, I was online, it was difficult for me to resist the temptation to quickly get an answer. I tried my best to learn the material correctly but knowing I could just look it up made it difficult for me to learn properly. I blame covid... View More
answered on Jun 28, 2020
I don't have a direct answer at all. But, just so you get a sense for how school staff treat students involved in disciplinary actions (these mostly deal with a spectrum of sexual behaviors) check out all that I regularly blog about. You may well come out with a view that whether or not you... View More
I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?
Attorney- I... View More
answered on Mar 22, 2020
It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... View More
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