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Arkansas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney answered on May 10, 2021

As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: The appeal tribunal didn’t tell me about the evidence that was against me
Tim Akpinar
Tim Akpinar answered on Mar 20, 2021

An Arkansas attorney could advise best, but your post remains open for a week, and if you're dealing with appeals as a general matter, time is usually very much of the essence in taking steps to preserve your rights. From the description, it isn't fully clear what type of matter this... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Small Claims for Arkansas on
Q: Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

I apparently have a bench warrant and writ of bodily attachment from 2011, at that time in my life I was very heavily an IV drug abuser, homeless, jobless... Now I have a full time job, an apartment, custody of my child and I’m a single mother, father of my child can’t be found so I need to... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 8, 2021

It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there... Read more »

1 Answer | Asked in Criminal Law, Libel & Slander, Family Law and Appeals / Appellate Law for Arkansas on
Q: I was forced to plead guilty to a felony but the person or victim now says they lied on me an would tell them what 2 do?

Felony on husband aggravated assault. We had both been drinking n he lied on me later on a court date I was n rehab due to court order from mis court n was issued a fta felony judge n lawyer said if I didn't plea guilty id set n county for 4 months waiting on a court date my rehab was over 100... Read more »

Gary Kollin
Gary Kollin answered on Oct 30, 2019

You have a lawyer to whom you should be speaking

Q: Can you file on criminal fines? Like misdemeanor Charges?

Yes sir my name is Todd Buie. Got a quick question??? I have $7,000 in old fines, $13,000 in student loans from 6 years ago, an about $9,000 in medical bills. All this stuff is from around 2012. I got into some trouble an had to do around 3 years in prison. I been out for a couple years, no trouble... Read more »

Timothy Denison
Timothy Denison answered on Mar 22, 2019

You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Q: When declaring someone in Arkansas's address. What should law enforcement go by?

Does a person, who is a guest at a residence, have the right to concent a legal search?

Stewart Whaley
Stewart Whaley answered on Jun 12, 2018

It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: how long does it generally take for the 8th circuit to grant right to appeal, not the appeal itself, but the right
James E Hensley Jr
James E Hensley Jr answered on Feb 14, 2018

The eighth circuit does not require the granting of certiorari or the granting of CERT. As such you have the opportunity to appeal to them directly without permission. I believe you have 30 days after the order is entered at the district level. This should not be taking as legal advice. If you... Read more »

1 Answer | Asked in Child Custody, Family Law, Appeals / Appellate Law and Probate for Arkansas on
Q: Can a grandparent granted temporary legal guardianship file for full legal guardianship with no contact of the mother

They did file numerous motions culminating in a legal guardianship being granted to the grandparents and without the court ever one time in the whole procedure seeing the mother in court and has send all paperwork to the wrong address knowingly so the mother would not be informed of the proceedings... Read more »

James E Hensley Jr
James E Hensley Jr answered on Apr 19, 2017

The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also.... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on
Q: First appearance in fins court i tested positive.. and my children was removed by DHS is that illegal?

My daughter had fins filled on her for trudacy but there was no trudacy her teacher had quit and keep her doctors notes instead of turning them in. She will not make it to 10 grade. Because of this. But I lost custody of my children for the failing of one test.

Stefan K. McBride
Stefan K. McBride answered on Mar 28, 2017

Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Q: If I appeal a guilty verdict, will a charge that rec'd directed verdict in trial come back if the appeal is successful?

A felony trial ended in a guilty verdict. However, a separate charge in the trial received a directed verdict. I'm thinking of appealing the guilty verdict, however I'm worried that if my appeal is successful, the charge that received a directed verdict would be reinstated in a new trial. Thoughts?

Stefan K. McBride
Stefan K. McBride answered on Mar 21, 2017

The State cannot appeal (or cross-appeal in this case) a verdict of non-guilty.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Gov & Administrative Law and Criminal Law for Arkansas on
Q: How do I file an appeal under the administrative procedure act? It's a child maltreatment case.
Glenn B. Manishin
Glenn B. Manishin answered on Jan 10, 2017

If this is a federal agency decision, file a "petition for review" in the applicable circuit court of appeals under Rule 15 of the Federal Rules of Civil Procedure. Judicial review is governed by the Administrative Procedure Act, 5 USC 605 et seq. Note that you will have to establish the... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Hi, I need to know how to appeal a decision to circuit court from the Office of Appeals and Hearings?
Brian Lehman
Brian Lehman answered on Jan 7, 2017

Here is what this website says:

Appeals of Administrative Decisions and Revisions to Circuit Court under the Arkansas Tax Procedure Act

"To appeal a Notice of Final Assessment (issued after...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: What does it mean when the Supreme court judge orders social security to pay a sum of money ? Does my lawyer get it or I
Robert Jason De Groot
Robert Jason De Groot answered on Nov 3, 2015

Do you have an answer by now? Did you ask your attorney what it meant?

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: IF A federal appeals court date is set for inmate how can I verify it
Robert Jason De Groot
Robert Jason De Groot answered on Oct 22, 2015

Call the clerk of that court and ask?

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: What does it mean when a case is reversed and remanded for a new trial?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 7, 2015

That the appellate court found something in the record that basically was either an abuse of discretion or failed to meet the essential requirements of the law, something that caused the court to order that there has to be a new trial, this time without the objectional material in it.

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