Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More

You always have the legal right to appeal even if you have no chance of prevailing.

In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant... View More

I handle civil appeals in both state and federal court. Presumably, competent trial counsel representing you adequately preserved your complaint for review by the appellate court. Our firm typically requires a minimum retainer of $25,000 for a civil appeal, although this amount could be higher if... View More

This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More

See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was... View More

An ordinary appeal can be filed in any case within 30 days of the date a final judgment has been signed by the court. If certain post-judgment motions are filed, or if a party did not timely receive notice of the judgment, that time could be extended, up to 105 days after the date a final judgment... View More

Yes. Filing a frivolous "misconduct" claim against a U.S. Magistrate Judge with an appellate court does not stay or delay the proceedings in the district court. The district judge can continue to rule on pending motions, including motions to dismiss, and it is very unlikely that the... View More

If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.

You then proceed at the de novo hearing exactly like at the original hearing,... View More

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.

Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/

The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.

The factors that the supreme court... View More

This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.

I think the only way to... View More

A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.

If the Appellee intends... View More

Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More

In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More