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Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Personal Injury for Texas on
Q: Appealing 2nd COA District CourtTX, personal injury, gross negligence, denied pro-bono, a free appeals form? FW, TX

drink can contained what I believe was a metal washer, object lodged way back in throat, swallowed it then it raped my throat causing severe sleep deprivation. Defendants have conceded the incident and damaged throat etc. Due to SSDeprivation missed a response. Many errors by court which is an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Handling an appeal requires the services of a skilled attorney with experience in appellate law. It is not something most individuals are capable of handling pro se. There is not a "free form." You will be expected to fully comply with the Texas Rules of Appellate Procedure. You will... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Can a federal district judge grant a motion to dismiss minutes after the defendant submitted it?

Federal district court judge granted motion to dismiss to defendant within minutes. The plaintiff had no time to oppose the motion before the judge granted it. Despite, the plaintiff filed the opposition to dismiss motion in a timely manner. How can judge grant a motion to dismiss without giving... Read more »

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

The Local Rules of the Southern District of Texas provide that an opposed motion will be submitted to the judge 21 days after filing and that any Response must be filed before the submission date. Unopposed motions may be taken up and ruled upon more promptly.

It would be rare for a judge...
Read more »

1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 27, 2022

Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr.
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr.
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Does a victim of a heinous crime have the ability to appeal a plea bargained sentence?

Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 13, 2022

I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If I’ve been evicted and missed the window to appeal. Can my landlord accept a months rent so I can find a place?

Went to courthouse with paperwork to file an appeal and 1 months rent and they said it was doubled and I can’t afford that and today was the last day to file and they’re closed. What do I do? Can I pay the landlord a months rent and stay? I’m in chambers county Tx

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 3, 2022

If your landlord will let you stay you will be very lucky, Your better option is to find a new place,

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What does it mean when someone files a Notice of Appeal after you have an Abstract of Judgement on them?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 19, 2022

The person is trying to appeal the judgment,

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: I need to talk to a appeals attorney about a case was file after 4 years . Possession of CS

My girlfriend is in prison on a possession of cs. They gave her ten years but they waited 4 years to file the case I understand they only have 3 years to do this . Is there someone that could help us ?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 15, 2022

You will need to call a lawyer because it depends on the exact charge. Most felonies statute of limitations are more than 3 years.

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