Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
These officers reports were undisclosed by prosecutor and have been suppressed since 2004
answered on Nov 20, 2024
It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More 
On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements
answered on Sep 9, 2024
Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.
If you have independent proof of such a statement (in other words, the... View More
The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More
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answered on Mar 21, 2024
In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More
She went ti trial for Appellate Case: 22-6194
• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and
• interstate travel in aid of a drug-trafficking enterprise
(18 U.S.C. § 1952(a) (3)).
She is currently in... View More
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answered on Mar 18, 2024
If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More
She is a permanent resident.
She went to trial for Appellate Case: 22-6194
• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and
• interstate travel in aid of a drug-trafficking enterprise
(18 U.S.C. §... View More
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answered on Mar 18, 2024
If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More
No laws broken and no danger to the public
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answered on Mar 14, 2024
I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More
My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.
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answered on Mar 12, 2024
Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More
Injunction was requested to make warden refrain from all types of retaliation against an inmate filing grievances
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answered on Jan 1, 2024
To appeal the denial of a request for a preliminary injunction in Oklahoma district courts, you typically follow a set legal process. First, review the court's decision and the reasons provided for the denial. Then, file a notice of appeal within the specified timeframe, usually a short period... View More
Are there any specific statutes relating to the amount of time a judge has to approve or deny a petitioners Motion for leave in forma Pauperis? I did see a question similar to this, and the only answers that were given, is that the normal is 2-4 weeks. I also contacted the Court Clerk and inquired... View More
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answered on Aug 31, 2024
There are no specific federal statutes that set a strict timeline for a judge to approve or deny a Motion for Leave to Proceed In Forma Pauperis. The process often takes about 2-4 weeks, as you’ve already heard from the court clerk. However, it's not uncommon for these decisions to take... View More
We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... View More
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answered on May 2, 2023
To appeal a lien that was illegally placed on your property by the City of Spencer, you should consider taking the following steps:
Review the laws and regulations: Familiarize yourself with the laws and regulations governing property liens in your area. Look for any rules or procedures... View More
answered on Feb 23, 2023
Rules vary for criminal and civil appeals and there are further differences within civil appeals based on the type of case and the type of order you are appealing from. But the general rule is that the record must be completed within six months of the date of the order appealed. And the brief in... View More
answered on Nov 1, 2022
Hi! You might be able to get a clear answer if you reword your question. The way it is laid out is a little confusing to understand.
No previous charges, they got 15yrs for a child neglect charge. First and only offense.
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answered on Sep 4, 2022
An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.
I would encourage you to contact an attorney to review the person's... View More
I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... View More
answered on May 12, 2022
If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... View More
I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... View More
answered on Mar 16, 2022
Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list... View More
Even if it is just a free consultation, please contact me. This is a timely matter and I am requesting help. thank you for listening.
answered on Aug 28, 2021
An Oklahoma attorney could advise best, but your post remains open for a week and you say that time is of the essence. Here on Justia, this comes up:
Legal Aid Services of Oklahoma Inc.
(405) 557-0020
2915 N Classen Blvd, Ste 500
Oklahoma City, OK 73106... View More
I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?
answered on Aug 6, 2021
Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,... View More
What can I do to get him released from hold or speedup the process or to help him at all
answered on May 8, 2021
Best thing you can do is help him hire the best criminal defense attorney you can find.
The judge didn’t get to see specific details like the letter from the psychiatrist.
answered on Nov 4, 2020
First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.
When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... View More
answered on Oct 27, 2020
First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... View More
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