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Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Texas on
Q: Can a probation officer add probation violations after a summons even though I was in jail waiting to go to rehab?

I had a summons on February 3,2023 and went into custody that day and I spent 49 or close to 54 days in jail till I was transferred.

And I looked online the other day and now there are like 13 violations that isn’t true and forged my name on a court document as well as presented a false... Read more »

John Cucci Jr.
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answered on Apr 18, 2023

Unfortunately, the PO and the DA are allowed to amend or add to the list of violations. They have to follow the rules and have to serve you again with the added charges as a matter of law.

If you have had some bad breaks, then you will need to tell the court about your situation and...
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2 Answers | Asked in Immigration Law, Appeals / Appellate Law and Domestic Violence for Texas on
Q: Me dieron orden de deportación desde el día3 de marzo por no acudir a una audiencia el día 1 de marzo puedo apelar por

Estar enferma

De COVID

James L. Arrasmith
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answered on Apr 6, 2023

Si ha recibido una orden de deportación por no asistir a una audiencia programada, es posible que pueda apelar la decisión si puede demostrar que su ausencia fue debido a una enfermedad grave, como COVID-19.

Para apelar, deberá presentar una moción de reconsideración ante el tribunal...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas on
Q: What motion do I file next? Can I stop the appeal to avoid trial?

I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

You should have an experienced attorney carefully review your court file.

If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.

If you weren’t served with your ex’s...
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1 Answer | Asked in Contracts and Appeals / Appellate Law for Texas on
Q: Do I need to serve a citation for a Writ of Mandamus if the respondent and real parties of interest are able to efile?

The real parties of interest and the judge/ respondent are available to efile. So I don't know if I still need to serve them a citation.

John Michael Frick
John Michael Frick
answered on Jan 19, 2023

It depends on whether you are filing a writ of mandamus in the trial court or in the appellate court.

In the trial court, you do need to issue and serve a citation.

In the appellate court, you do not need to issue and serve a citation.

1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How many days after a case has been dismissed does the appeal petition have to be submitted?
John Michael Frick
John Michael Frick
answered on Dec 19, 2022

In most cases in county or district court, within 30 days of the date the Order of Dismissal is signed by the judge.

This deadline can be extended, however, by the timely filing of certain particular motions.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should...
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2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 23, 2022

You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... Read more »

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... Read more »

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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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....
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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...
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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 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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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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.
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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...
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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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 »

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, 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 Appeals / Appellate Law for Texas on
Q: if I sign a contract to have a baby at the same time as my best friend do i have to do it

That’s all

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Signed a contract with who? Contracts with an illegal purpose are not enforceable. This is not appellate law, it could be criminal law or contract law, maybe even Family law relating to surrogate mothers. Insufficient information to provide you a complete answer.

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