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Texas Appeals / Appellate Law Questions & Answers
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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How to I obtain my husband's indictment record? He needs it for his Commutation of Sentence paperwork?
Grant St Julian III
Grant St Julian III answered on Nov 13, 2019

Contact the District Clerk in the county where his case was filed and make a records request. Good luck.

1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: If ones appeal was affirmed by TX COA, can he refile as Pro Se, he no longer has a court appointed attorney?

Court appointed attorney never contacted defendant, only when COA came back as affirmed defendant was notified. This is a Sexual Assualt case of a minor. Where defendant received 50 years no DNA on 1 count of aggravated sexual assault and 3 counts of indecency.

Roy Lee Warren
Roy Lee Warren answered on Aug 14, 2019

I am sorry for your troubles. Yes he can proceed pro se. But it would be best to seek legal help from one of the legal agencies. I will post the websites for those that assist people on criminal cases.

Google "Thurgood Marshall School of Law Innocence Project" (TMSLIP)....
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on
Q: I was seeing if someone is able to help with a appeal case
Jon R. Boyd
Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Iam trying to get a criminal sentance modification because she is a witness in the prosicutions behalf on another case

The laywer she will b testifing agaist is the lawyer i hired on her case iam asking for the modifacation how does that work out

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 28, 2019

You just need to make sure your attorney is aware of the contents of any potential testimony the inmate can provide. If the attorney believes that testimony is essential to the case, the attorney will request that the inmate witness be brought to court to testify at trial. No sentence... Read more »

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Texas on
Q: Advise on workers comp case needing to go to district court.. ombudsmen didn't file a timely appeal..
S. Michael Graham
S. Michael Graham answered on Jun 26, 2019

If you didn't get the appeal from your decision and order filed on time, you would have a very difficult time filing in district court. Also, if you lost at the administrative level (CCH), there are almost no attorneys that would be willing to take your case in district court since we have no... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: My wife was convected for 5 yrs evadeing detention w/ vechicle we appealed.it was affirmed how can i aske for house ares
Roy Lee Warren
Roy Lee Warren answered on Jun 25, 2019

You must make that request through your attorney but you should not get your hopes up. If the decision has been upheld you're in a tough spot--sorry.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on
Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that

They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 10, 2019

No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.

In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you...
Read more »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on
Q: Is non-compete likely enforceable?

I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »

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