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Arizona Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Arbitration / Mediation Law for Arizona on
Q: Can a mediation be appealed or overturned?

The process went through even though one lawyer represented probate. And also estate..the mediator seemed biased to the other party as this party was an 84 year old recently widowed after 30 yrs

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. You may want to repost this and add the categories of "Probate" and "Estate Planning." That appears to be the substantive area of law here.

As a general matter, arbitrations can be...
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1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Can an outside attorney from California do appellate cases in Arizona?

Can an outside attorney from California do appellate cases in Arizona?

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Attorneys sometimes appear in jurisdictions outside their states by making arrangements with local counsel. This is not uncommon in appeals, where some firms have specialized experience with certain types of... View More

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Tax Law, Appeals / Appellate Law and Identity Theft for Arizona on
Q: I was incarcerated from, 2016 -2019 in AZDOC and in 2017 somebody filed my taxes for 2016,2017&irs says I owe them money

In 2020 I filed my taxes n they informed me that there was a return for 2016 that was falsified with a dependent I shouldn't of claimed so I told them it was id fraud that I was in jail and they said they would have to investigate the matter n it could take up to a year but that I should keep... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It sounds like you're in a tough situation with the IRS. Since you've already provided proof that you were incarcerated during the years in question and reported the identity theft, it's crucial to follow up on their investigation. The IRS should not be holding you responsible for... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Probate for Arizona on
Q: Can I file a motion to reconsider? Or appeal?

I have been going through a probate case as an heir against my 2 sisters one of which was appointed personal representative. It has been going on for over 2 years fron the beginning i have filed requests with the court for her removal, for the court's review of administration, all were... View More

Charles William Michaels
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Charles William Michaels
answered on Apr 3, 2024

I am not an Arizona attorney. But yes, I would file a motion to reconsider with the trial court.

Q: When is violations of constitutional rights going to be stopped?. Payson Gila County law enforcement

Violently arrested more than once without good cause while attempting to file my awarded appeal.

Joel Friedman
Joel Friedman
answered on May 9, 2023

I apologize to the person submitting the question, but I don't understand how this is a work injury related question. There is no Industrial Commission office in Payson, only in Phoenix and Tucson, and an appeal would be filed there or at the Arizona Court of Appeals, again with locations only... View More

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arizona on
Q: My X is appealing com property split in our divorce. Am I required to respond to the appeal? I have no $ for an attorney

I'm in Arizona, a community state.

Charles William Michaels
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Charles William Michaels
answered on Jan 16, 2023

I am not an Arizona lawyer. However, you should respond to the appeal, a short brief on your behalf responding to original brief will do. Check the AZ appellate rules regarding format and filing of briefs.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... View More

Steven Scharboneau
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Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... View More

Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

No one can tell me what comes next. If I can't write the Memorandum, then I have no defense. Legal advise isn't common in my case. PLEASE HELP!

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: Can I appeal a charge from 1996 in Tempe, AZ where coercion played a role in my plea?

I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 28, 2022

It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... View More

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: In AZ, what are the legal reasons allowed to overturn an appeal from an arbitration civil suit?

I recently was awarded a win in a civil suit that was assigned to arbitration. The plaintiff has filed an appeal. Will the case be heard for any reason? No matter what they will get their trial they're asking for? Or does Arizona have rules like the federal government does regarding the only... View More

Charles William Michaels
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Charles William Michaels
answered on Jan 4, 2022

The case on appeal will be heard--on the issues that appellant rose.

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More

Joel Friedman
Joel Friedman
answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Arizona on
Q: I have written a motion to dismiss an appeal in the Arizona Court of Appeals, Division One. The couple appealing the

Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case... View More

Timothy Denison
Timothy Denison
answered on Aug 10, 2021

I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.

1 Answer | Asked in Appeals / Appellate Law for Arizona on
Q: Upon appeal the tenant was granted a stay the day the writ was to be enforced and escrow was to close. what can I do?

The tenant has interfered with the sale of the property for over a year ,badgering buyers. When the tenant learned the property sold he refused access to realtor and inspector along with non payment of rent and numerous lease violations the judgement was awarded and he was to be evicted. The escrow... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

First, I am not an Arizona lawyer. But perhaps you can file a motion requesting the court to lift the stay, for all the reasons you have noted and any other reason having to do with the appeal. But it seems like the tenant is just stalling for time, so if the stay is not lifted, it shouldn't... View More

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... View More

Charles William Michaels
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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... View More

2 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Arizona on
Q: How do I appeal a ruling I feel isn’t fair due to other parties status in the town I reside in?

Judge put on the court document under findings that “the court has concerns about the health and safety of the child in this case” Child who is almost 14 has endured abuse (physics, mental and emotional) by dads girlfriend for6 years. He then said that everything is based off what the child... View More

Jay Hall
Jay Hall
answered on Jun 1, 2020

So unfortunately Arizona law requires proof of judicial bias from sources outside of the courtroom. It makes bias nearly impossible to prove. It might make more sense to appeal the merit of the ruling instead, particularly if the judge ignored the cumulative weight of the evidence. This will still... View More

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1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... View More

Andre L. Pennington
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Andre L. Pennington
answered on Apr 11, 2020

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our constitutional rights

Stewart Salwin
Stewart Salwin
answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Arizona on
Q: Need to find case rulings for appeals in Superior Ct re: injunctions ruled in Municipal Ct - Mohave County, AZ
Randi Sirlin
Randi Sirlin
answered on Jun 3, 2019

You may want to seek out a law clerk, as it is legal research you need. However, if you want your work done by an attorney, then definitely contact an attorney who is familiar with appeals.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arizona on
Q: Can parents get there rights back if they were severed in arizona
Mike Branum
Mike Branum
answered on Apr 15, 2019

Anything CAN happen but termination of parental rights is not an action the court takes without substantial justification. If you are merely talking about visitation rights the matter is less complicated. Unfortunately it is still far too complicated to tackle using Justia Ask-a-Lawyer. If you are... View More

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