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Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Workers' Compensation and Appeals / Appellate Law for Texas on
Q: Exam date and certification date different what date is correct for MMI rating?

MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: I was put on the misconduct nurse aide registry over 5 years ago but in my defense I had a heavy opioid addiction..

I don't even remember doing it but I did my time and im clean..I want to work again..is it possible?

Tim Akpinar
Tim Akpinar answered on Nov 2, 2020

A Texas attorney could advise best, but your post remains open for a week. As a GENERAL matter, there are attorneys who specialize in the narrow field of professional license defense. As a starting point, you might investigate the current status of your license on your own to save money. If your... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: A friend got ISF at parole revocation. I want to know if it’s possible to reopen hearing and get a better outcom
Grant St Julian III
Grant St Julian III answered on Oct 26, 2020

I guess anything is POSSSIBLE but this is a very fact specific situation. Talk with the attorney for the defendant. Good luck.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Want to know about ineffective counsel with a open plea
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 4, 2020

Your question is far too broad for anyone to accurately answer in this forum. However, it is theoretically possible to make a complaint for ineffective assistance of counsel after an open plea if the attorney recommended doing so and did not adequately investigate and present a defense that the... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Attorney talked my son into open plea bc the state would not hand over witness statements and medical records

6 affidavits of non prosecution were signed, audio recording of investigator telling witness if they didn't press charges that he was going to pin anything they could on my son to put him in jail

Grant St Julian III
Grant St Julian III answered on Oct 3, 2020

I am not sure of your exact question.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How I can get a lawyer who can assist me to reopen the case and help me to vacate my case ?

When the county charge , is was unlawful because , there is a lot wrong doing it had happened between me and my other attorney they didn't notice me and consequences of immigration but today they give a fibber to the court that they've been explained to me about immigration, now I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

I can't tell if you are asking about a case from Texas or Minnesota but I can tell you that Texas has a very short period after a case is resolved to start the appeals process so you should probably start calling attorneys who take criminal appeals ASAP. If it has been more than a month you... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If Review is denied by a State Sup. Court on an civil Appeal, can SCOTUS Mandamus relief be sought, or just Writ of Cert

In other words if a Writ of Certiorari is an option, would Manmadus relief be denied due to the writ of certiorari being an available remedy option?

Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

I think as long as the writ is an available option, the court will look to that option.

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: can i get a protective order that was placed when i was 16 removed when i’m 18 in texas?

my mom found out back in 2019 that i was having sexual relations with a 19 year old when i was 16. she tried saying he had sexually assaulted me and i don’t know if she successfully got those charges pressed. considering he is not in jail i think she couldn’t since it was consensual. he is 3... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2020

Yes, and also when you're 17 if the protective order was issued based on alleged sexual assault. On your 17th birthday, you became eligible to file an application with the court to rescind the protective order per Article 7A.07(b)(1) of the Texas Code of Criminal Procedure. After January 1,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Is it ok for a potential juror during jury selection accuse the defendant of stealing and everyone hear

Lawyers were asking their usual questions and got to 1 particular juror and she said she felt like she should be removed and claimed that the defendant had stolen something from her grandpa years prior. Which wasn't even true. But Wouldn't that taint the entire jury pool.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 30, 2020

It probably would. Good chance a mistrial would be declared.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: In the sate of Texas can you file to have Stacked sentence unstacked? what is the process called?

He has served 23 years on 2 life sentences, been before Parole 5 times and set off each time. They were hoping parole would grant parole so he could start serving the second sentence. If they continue to set him off is there a way to unstack the senetence?

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 13, 2020

Whether or not sentences are "stacked" (i.e. ordered to run consecutively) is determined by the language in the Judgment signed by the Trial Judge. The only way to change that is to change the original Trial Court Judgments. The only way to change the Trial Court Judgments is to file a... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: If a lawyer was the prosecutor on my criminal case; can that lawyer also be the one that appeals it?

The lawyer agreed to appeal my criminal case. He was the prosecutor for the state on that case.

Deandra M Grant
Deandra M Grant answered on Feb 18, 2020

Why would you want him to?

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Q: Can I sue American Airlines for losing my luggage resulting in irreplaceable loss of property, psychological harm?

AA l ost my luggage during a international move (relocating for a job) and as a result, I have lost irreplaceable documents such as diplomas and other property. I am looking to apply for graduate school so this may have an impact on my application eligibility. Furthermore, I will never be able to... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 13, 2020

Probably not

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: If a person is appealing a criminal case, can the prosecutor of his case be his lawyer on the appeal?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

Check the rules on Conflict of Interest, especially Rule 1.06 through Rule 1.09 of the Texas Disciplinary Rules of Professional Conduct.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: I am owed restitution by a defendant who has filed an appeal- is there any motion I can file to get paid -appeal or not?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 4, 2020

If you are the alleged victim then you have the right to be informed by the prosecutor about significant developments in the case. The law describing your rights is here: https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.56.htm

Ask the prosecutor if the imposition of the sentence was...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Can we file an appeal

husband was on probation for assault with bodily injury, he had 2 pre-existing possession less than a gram that he's going to court for well then he used his mother's vehicle go to the store, keys were in it she called the cops and reported unauthorized use of a vehicle and he was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 29, 2020

Has he talked to his existing attorney about withdrawing his plea and if that is denied filing a motion for a new trial?

The timelines are TIGHT so he needs to act fast. The convictions become final after 30 days and then it gets a LOT tougher.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does the state have to prove I didn't have concent to use the vehicle

Husband used mothers truck with keys in it to go to the store and mother called police. Husband went to jail and is facing unauthorized use of motor vehicle.

Herman Martinez
Herman Martinez answered on Jan 27, 2020

Yes, the State must prove that the driver did not have the effective consent from the owner of the vehicle.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Freedom of Information Act in state of Tx. Can an inmate or family of inmate request such info from county office?

Inmate or family of request the state information regarding his case. Would we go directly to the DA office or Bexar County Clerks office? We are mainly seeking the documented information of the plea deals that were offered during pretrial, during trial as well as deliberations.

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke answered on Jan 21, 2020

Appeals have very specific time lines and requirements. You should consult with an attorney, (our first consultation is free) and we will let you know what your options. Some of the information that you are seeking cannot be found at the District Clerk's office and can only be discovered by an... Read more »

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Jon R. Boyd
Jon R. Boyd answered on Dec 4, 2019

Default means you were properly notified of the suit having been filed and you failed to appear/file a response, so the Court allowed the filing party to proceed to court without further notice to you and get what they filed for.

If that happened to you, you have 30 days to file a Motion...
Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It means a person took no action in the case or failed to show up for a final hearing. If this is your case review it with a lawyer asap.

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