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Texas Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
Charles William Michaels answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed &... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 10, 2021

First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 6, 2021

If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: If a psychiatrist makes a false report with lawyer in on it. Is it a crime because it falls under Texas Rules of Evidenc

Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: My appeal been denied, can I take my case back to trial still?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

No, the best time to dispute the facts of the case is before you are convicted or take a plea.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What options exist when TRAP Rule 25.2(a)(2)(d) requires a case be dismissed but the CoA issues a mandate anyway?

The verdict was affirmed by the CoA, so it would be to the Defendant’s advantage to void the appeal. Mandate issued 3 or so years ago. Is there an option for addressing the issue besides a habeas writ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

This doesn't slant the way you seem to think it does. The rule says: "If the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal [...] The appeal must be dismissed if a certification that shows the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I need to know how to write an "Order" for the Judge so the case can be moved from an eviction to a civil matter?

Appeal Court and third hearing, both Judges have made it understood there is more to this case and want to hear more from me before deciding.

I have a MOUNTIAN of evidence to prove my side and Judge will need "Order" to throw it out.

Teri A. Walter
Teri A. Walter answered on Mar 23, 2021

First, and eviction IS a civil matter. (Everything that is not criminal is a civil matter.) Unfortunately, there is absolutely no way to know what actions are necessary without reviewing the whole file to figure out what the problem(s) is. Frequently when a judge says that there is "more... Read more »

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: So after when get another then whats the next step
Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 9, 2021

If this is a continuation of the earlier question about a bond forfeiture then your boyfriend's criminal defense attorney will probably explain the situation in hopes of convincing the judge to either reinstate the bond and recall the warrant or perhaps grant a personal bond instead.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: What to do if a bondsman takes the money to get a new court date and doesnt get one

My boyfriend and I was paying the bondsman for 11 months and in October he had a court date he went the judge excuse everyone and gave all new court date (couldn't remember the reason why). The next court date he had went he started feeling sick and he was excuse to leave the court room he was... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 9, 2021

Don't rely on a bondsman. Only an attorney can represent your boyfriend in court. He should hire a criminal defense attorney.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: When title comes up as an objection in an eviction does the case appealed go to CC or DC due to JP lacking jurisdiction?
Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

No, it gets dismissed because the JP has no jurisdiction.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Is there a way for me to get a time cut or time served for a 75 yr. sentence for possession of 2 rocks?

I'm on parole for 50 more years..

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 29, 2021

You should probably reach out to a Texas parole specialist, not just a criminal defense attorney who dabbles in parole cases. Dealing with the parole board is very different than dealing with a trial court judge, and this could require some really specialized insight so you should really consult... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What does it mean my Appeal mean?

What does it mean ?

Valid Claim:We affirmed the previous ruling.

Separation from work : We reversed the previous ruling.

Charles William Michaels
Charles William Michaels answered on Jan 26, 2021

I cannot answer this question, because the question is too vague. Sorry.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: I’m looking for case law after 1985 for jurisdictional defects in controlled substance indictments in Texas particularly

Indictments that don’t name a substance or penalty group

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 18, 2021

I'd like to help you here but you haven't asked a question. Without any clue as to what you're trying to accomplish, any substantive attempt to give you an answer would be be more likely to confuse you than to enighten you.

You won't find a whole lot of caselaw on this...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does court have jurisdiction over a indictment of possession of a controlled substance if the indictment doesn’t name a

Substance

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 15, 2021

A possession of controlled substance indictment which does not specify the controlled substance involved is subject to being "quashed" when and if the defendant files such a motion. To the extent that the court has jurisdiction to quash the indictment, it doew have jurisdiction (i.e.... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Q: Does a defendant have a right to review redacted evidence obtained through discovery before entering plea bargain?

A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 11, 2021

Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... Read more »

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Texas on
Q: Please can anyone just re evaluate final order 05-18-00291-cv
Teri A. Walter
Teri A. Walter answered on Jan 4, 2021

Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Texas on
Q: Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 3, 2020

The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.

In addition to Texas law, you need to be 100% certain that you...
Read more »

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 »

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