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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Want to know about ineffective counsel with a open plea
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Oct 4, 2020

Your question is far too broad for anyone to accurately answer in this forum. However, it is theoretically possible to make a complaint for ineffective assistance of counsel after an open plea if the attorney recommended doing so and did not adequately investigate and present a defense that the... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Attorney talked my son into open plea bc the state would not hand over witness statements and medical records

6 affidavits of non prosecution were signed, audio recording of investigator telling witness if they didn't press charges that he was going to pin anything they could on my son to put him in jail

Grant St Julian III
Grant St Julian III answered on Oct 3, 2020

I am not sure of your exact question.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is shooting some one on the buttocks an ankle attempt murder?

I got 80 yrs to life for shooting some one on the buttocks an ankle that's not fair I was charged for two attempts murders

Dale S. Gribow
Dale S. Gribow answered on Oct 2, 2020

not sure what you are asking.

more info is needed.

please consult a local lawyer asap to "try" to mitigate the filing and charges.

2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: PRO SE APPEALS: Can I use certified Court Transcripts from a related case in my present appeal?

PRO SE APPEAL: BASIC QUESTION:

(1.) I am filing an appeal for "Case "A". Can I use certified transcripts (relevant testimony) from a related case ("Case "B"") even though I'm not appealing from what happened in "Case B"'s hearing?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2020

In general, no. The evidence (the transcript) in Case B was not before the court in Case A. The judge perhaps could have been asked to take judicial notice of the Case B evidence, but presumably was not so asked.

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1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

Charles William Michaels
Charles William Michaels answered on Sep 25, 2020

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: I never had a lawyer on my case and filed an appeal with my adress on it why haven’t I received any mail with the orders
Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

I attempted to answer this question earlier. CALL the clerk of the appellate court, that's the first thing you should do.

1 Answer | Asked in Appeals / Appellate Law for Nevada on
Q: Why won’t the courts mail me any of this information as my adress is on my appeal.

How am I supposed to know what’s going on

Charles William Michaels
Charles William Michaels answered on Sep 21, 2020

First, I am not a Nevada lawyer. That being said, were you represented by an attorney in the court below? If so, and if your attorney has not yet withdrawn his/her appearance, perhaps the appellate court is sending the information to your (former) attorney. If that's the case, your (former)... Read more »

1 Answer | Asked in Immigration Law, Appeals / Appellate Law, Civil Rights and International Law for Washington on
Q: What would I do if I believe this page is endangering my father's life

I believe this article to be neglegant endangerment. Who can I reach out to.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2020

A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... Read more »

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If chrisshawn was able to get appeal motion approved what would happen next
Charles William Michaels
Charles William Michaels answered on Sep 16, 2020

Your question doesn't give enough information to formulate an answer. What motion? What was the relief/ request in the motion? Regretfully, I don't have an answer for you.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: How I can get a lawyer who can assist me to reopen the case and help me to vacate my case ?

When the county charge , is was unlawful because , there is a lot wrong doing it had happened between me and my other attorney they didn't notice me and consequences of immigration but today they give a fibber to the court that they've been explained to me about immigration, now I am... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 16, 2020

I can't tell if you are asking about a case from Texas or Minnesota but I can tell you that Texas has a very short period after a case is resolved to start the appeals process so you should probably start calling attorneys who take criminal appeals ASAP. If it has been more than a month you... Read more »

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
Charles William Michaels answered on Sep 15, 2020

First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: What motion if any can be file to help my brother?

My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

This is a Tennessee forum. It sounds like he may wish to file a notice of appeal if he still has time. Get ahold of an attorney in the appropriate jurisdiction.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Virginia on
Q: Hi, I am searching a Pro Bono or an affordable lawyer for an Habeas Corpus!

No one ever comes back to me. It would be a Habeas Corpus for Ineffective Assistance of Counselling. I am searching for a lawyer who can do some Pro Bono work and some paid work, I am fine with this either. You need to be eager to fight and must have the willing to win. I want a release date, this... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Sep 14, 2020

You can file your own Habeas Corpus motion without counsel if you need to. Depending on where you received your sentence, I would look for a lawyer who works in that area in order to assist you with what you may need to have done to potentially help you with the habeas petition and anything else... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... Read more »

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
Charles William Michaels answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: The Appellate Court sent me a letter; A turn down letter from the superior Court. appellant Opening brief is due in 30

I did not received can't letter from the superior court; I don't have any idea what is going on with my Civil Case/Wronful Eviction. Please let me know how I can prepare opening brief and the reason why I need to send it, and the step I need to take for the procedures. Thank you!

Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

The rules of appellate procedure are contained in the California Rules of Court. If you are representing yourself, you are charged with the duty and obligation to read them and follow them. Otherwise hire an appellate attorney to assist you with the procedures in your case. Best of luck. This... Read more »

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Does an expedited appeal mean once everything is filed it goes to the top of the list for the court to decide
Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

No, usually an "expedited" appeal is for a certain class of cases: adult guardianship, juvenile guardianship, child custody, etc. And it usually means that the deadlines for the transcripts, the record, and the briefs have been shortened-- so that the case will move along faster.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If Review is denied by a State Sup. Court on an civil Appeal, can SCOTUS Mandamus relief be sought, or just Writ of Cert

In other words if a Writ of Certiorari is an option, would Manmadus relief be denied due to the writ of certiorari being an available remedy option?

Charles William Michaels
Charles William Michaels answered on Sep 11, 2020

I think as long as the writ is an available option, the court will look to that option.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: If a judge strikes your motion because you filed pro se when you have counsel can you appeal that decision?

I have a juvenile dependency hearing on September 28th. A few weeks ago I filed a motion to strike neglect petition and a motion to vacate temporary custody. The attorney general asked the judge to strike the motions because I submitted them and not my lawyer. Is it a law that I have to use my... Read more »

Charles William Michaels
Charles William Michaels answered on Sep 7, 2020

If you are represented by an attorney, generally all motions, other filings and court appearances go through that attorney. There have times when a client files his own motions, etc. although that person is represented. But I would not think that should be grounds to strike those motions. So yes I... Read more »

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