To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and... View More

I do handle appeals to any of our state’s appellate courts. As I’m sure you have learned, the upfront retainer for an appeal is at least $25,000, but most of an appellate lawyer’s work is done in the first few months of an appeal.

One issue I can foresee likely played a role in the... View More

The court of appeals will only consider what is in the clerk’s record and reporter’s record as evidence and what is in the appellate briefs as argument. It would be rare for anything else to be useful or proper to submit to an appellate court.

Depending on the nature of the subject matter, one option is to look into pro bono or legal aid. But in general, it could be difficult to find economical help because appeals tend to be costly and complex investments of a law firm's time. Check with local and state bar associations if they... View More

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answered on Sep 3, 2023

Intermediate courts of appeals do not grant oral argument often, and if the briefing provides the facts and law needed to resolve the issues raised on appeal, they will set the case for submission on the briefs. Not setting for oral argument does not indicate which way they are leaning or whether... View More

Neither.

An appeal is an appeal. On appeal, the court of appeals will evaluate the complaints raised in the appellate briefs to determine whether the trial court committed an error of law which was properly preserved by a complaint and ruling in the trial court which was not cured by the... View More

An appeal typically goes initially to the court of appeals for the appellate district of the county in which the trial court is located. If the trial court is in a county that is assigned to more than one appellate district, the appeal will be randomly assigned to one of the applicable appellate... View More

I am an appellate lawyer who regularly practices before the Fifth Court of Appeals in Dallas. I charge $450 per hour. Because the time spent on an appeal is heavily front-loaded, I typically require an initial retainer of $25,000 to handle a direct or restricted appeal from a default judgment.... View More

If you arrange a consult to discuss an appeal, think about what you stand to gain and what you stand to pay. Ask about the costs of the appeal and prospects for its success. Appeals can be expensive, and grounds for appeals (as a general matter nationwide) are generally narrow and limited. Good luck

I note that, while not legally required for individual parties, a successful appeal usually requires the assistance of a skilled and experienced appellate attorney.

Because the legal services associated with an appeal are front loaded (meaning the majority of services are rendered in the... View More

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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... View More

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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... View More

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... View More

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.

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 -... View More

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.

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... View More

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... View More