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Oklahoma Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Oklahoma on
Q: How do I appeal a lien that was illegally put on by city of spencer claimed they cleaned up and didn't clean it up

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... Read more »

James L. Arrasmith
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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...
Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Oklahoma on
Q: Submitted my Petition in errors, and certified order to the Supreme Court. How long after for transcripts and briefs?
Evan Humphreys
Evan Humphreys
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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Is there any types of appeals for someone that’s been in prison for 5+ years?

No previous charges, they got 15yrs for a child neglect charge. First and only offense.

David A. Cincotta
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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...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Oklahoma on
Q: My rights were terminated in NC 3 yrs ago Im now in Oklahoma can parental rights be restored, contact, anything and how

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... Read more »

Charles Watts
Charles Watts
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... Read more »

1 Answer | Asked in Contracts, Tax Law and Appeals / Appellate Law for Oklahoma on
Q: Have claimed winnings and I have to reclaim and if I want and get the information to transfer my to the bank account and
Carli Jo Aelker
Carli Jo Aelker
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.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Oklahoma on
Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?

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... Read more »

Tracy Tiernan
Tracy Tiernan
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... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Oklahoma on
Q: I am looking for a Pro-Bono Oklahoma Unemployment Lawyer or Employment lawyer for a appeal decision from BOR.

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.

Tim Akpinar
Tim Akpinar
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...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: When filing mcgirt case what all motions do I need to file?

I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?

Tracy Tiernan
Tracy Tiernan
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,... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden
answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can you appeal a decision by a judge for a cancellation of adult guardianship?

The judge didn’t get to see specific details like the letter from the psychiatrist.

Charles William Michaels
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Charles William Michaels
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.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Oklahoma on
Q: Oklahoma supreme court filing deadlines?

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?... Read more »

Charles William Michaels
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Charles William Michaels
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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

Charles William Michaels
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Charles William Michaels
answered on Sep 25, 2020

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »

Frank A. Urbanic
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Frank A. Urbanic
answered on Sep 3, 2020

No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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Q: What is appeal? If sentenced can you still get one?
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2020

You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan
answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... Read more »

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What County was this in, or was this a municipal case?

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How do I get a form to appeal termination of parental rights
Pete David Louden
Pete David Louden
answered on Mar 15, 2019

An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

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