They sent it back for resentencing on the one case but upheld the rest. So right now, he has three years plus whatever he gets at resentencing. The end result will almost certainly be exactly the same. But the trial court has to impose individual sentences for each offense.
Any private attorney could assist you. The attorney who work for the court will not as that is not their job. Depending on the nature of the appeal legal aid or the public defender may be willing to help.
The Ohio Supreme Court's website provides an example of the memorandum in support of jurisdiction. The Ohio Supreme Court reviews numerous cases and accepts jurisdiction over a very few. Your memorandum needs to explain to the Court why your appeal is of great importance to the general...Read more »
You have to file a memorandum of jurisdiction with the Ohio Supreme Court asking them to take the case. Supreme Court Cases are very different because you first have to convince the court to take the case, then win it.
My landlord evicted me within 24 hours after I reported a sexual assault by a neighbor. Trying to make us move, he’s been harassing us & saying discriminating things-via text! He posted a wrong 3 day that the magistrate at court ignored & the magistrate wouldn’t let us speak without... Read more »
Talk to the attorney who agreed to take your case about the process to object to the magistrate's decision, but if it was for non-payment of rent, you might not succeed in stopping the eviction. And if the magistrate granted the eviction, typically the tenant only has 7 days before the...Read more »
The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.
In terms of actually reading them, you just read them. I’m not sure how else to put that.
In terms of finding them, there are a number of online resources. The better ones, Westlaw and Lexis, you have to pay for. But sites like this one, and google scholar will give anyone some access....Read more »
I HAVE A CHILD CUSTODY ISSUE THAT HAS BEEN GOING ON SINCE 2012. IT WAS WITH CPS AT ONE POINT IN TIME NOW IT IS A PRIVATE CUSTODY MATTER BETWEEN MYSELF, THE FATHER OF ONE OF MY CHILDREN, AND A COUPLE OF CUSTODIANS THAT HAVE MY CHILDREN. I FILED A MODIFICATION OF CUSTODY, AND VISITATION. BOTH THE... Read more »
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the...Read more »
Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove...Read more »
Question: Will the Appellate Court grant this ridiculous Motion for Reconsideration?
Background: Notice of Appeal was two (2) days late. Appellants attorney mailed it on a Friday thinking it would be fine and stamped by the Clerk on Monday. It was delivered on Wednesday. Appellate... Read more »
The divorce process and legal system can be frustrating and slow. You have a lawyer, so discuss this with your lawyer. But the lawyer must follow the legal process, as slow as it is, and not much can be done to speed anything up.
If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just...Read more »
I HAVE TO WRITE, AND FILE A BRIEF AFTER FILING A NOTICE OF AN APPEAL. I FILED THE NOTICE OF APPEAL AFTER THE MAGISTRATE JUDGE, AND THE REGULAR JUDGE RULED AGAINST ME CONCERNING A MODIFICATION OF CUSTODY AND VISITATION THAT I FILED.
There is a specific process and time limit for filing an appeal. If not done properly, then the opportunity for appeal is lost. Since a magistrate and judge have both ruled against you, without an attorney to assist you with an appeal, a successful appeal would be difficult. Use the Find a...Read more »
I wouldn't call it routine. It's hard to give you much advice based on what you've posted here. But, you really ought to be working with an attorney. Appeals are very technical and appellate courts don't have a lot of patience with litigants who don't follow the rules and procedures to the letter.
I had a judgement in Ohio in 2016 for an easement allowing a group of individuals access to their property that they had previously land locked themselves from. I never agreed to an easement and they are now causing damage to my drinking water. Is there anything that I can do? How long do I have to... Read more »
You can file an appeal from a trial court's order within thirty (30) days. The better way to approach this may be to sue to have the easement vacated or to sue for damages caused by an enlargement of the easement.
My brother was just convicted of a charge that was added a trial that his lawyers agreed to without my brothers consent in the middle of trial. He is in jail for something that he wasn't originally being charged of. This is his first offense he never did anything wrong and now he awaits his... Read more »
Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another...Read more »
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