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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I received a hung jury for possession and use of deadly weapon,but was found guilty of attempted murder do I appeal?

I was found guilty for premeditated attempted murder but for the use of and possession of a deadly weapon I received a hung jury...but was still sentenced to life ,do I qualify for resentencing?I'm from Los Angeles County, there was testimony of six people involved but I was only one charged,... View More

James L. Arrasmith
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answered on Apr 9, 2023

If you have been convicted of attempted murder and received a hung jury on the charge of possession and use of a deadly weapon, you may still have grounds to appeal the conviction. It is recommended that you consult with an experienced criminal defense attorney who can review the details of your... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Constitutional Law and Probate for California on
Q: Parents not served until 5 months after the start of a guardianship case & never served Final orders. Grounds 4 appeal?

A non parent petitioned for Guardianship intentionally deceiving the Court by claiming unaware of the parents whereabouts. During that time 5 months of hearings and an investigation took place, along with a report being issued with a recommendation favoring the petitioner because the parents were... View More

James L. Arrasmith
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answered on Apr 7, 2023

Yes, the parents' right to due process was violated by not being served from the start and not being served final orders. This is a serious issue, as the parents were prevented from participating in the legal proceedings that affected their parental rights. As a result, they were unable to... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in... View More

Bart Kaspero
Bart Kaspero
answered on Mar 26, 2023

You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... View More

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1 Answer | Asked in Appeals / Appellate Law and Family Law for California on
Q: Can I appeal a guardianship judgemebt

I was denied my petition. I was not able to give my evidence on time. Child's appointed attorney. Was helping for mother not child I wasn't ready. It was not a fair trial at all

James L. Arrasmith
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answered on Mar 24, 2023

Yes, it is possible to appeal a guardianship judgment in California. However, the process for filing an appeal can be complex and time-sensitive, so it's important to act quickly and consult with an attorney who is experienced in appeals.

To appeal a guardianship judgment in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... View More

James L. Arrasmith
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answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: How can I appeal a CTB denial?

The denial states I do not meet the provisions of section 1269.1 B.

James L. Arrasmith
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answered on Mar 15, 2023

If your application for California's Cash Assistance Program for Immigrants (CAPI) has been denied by the California Department of Social Services (CDSS) County Transitional Assistance Office (CTB), you may be able to appeal the decision. Here are the steps you can take to file an appeal:... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: What are my options 182 days post 3 yr CHRO judgement in sf Superior Court?

I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... View More

James L. Arrasmith
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answered on Mar 14, 2023

It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:

Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: pleasz help z my get us chalenge get grencard us im legal us citizen start proces 2008 working status probl pas. c

blok my restart new jobs a carier diskriminace my person blok my servis aa fredom my acoubt stupid manager city bookmy crimme acouynt live black scren fusck schow stupid bosa...my diskrimination my person

blok jobs a aproved benefit a restart new jcarier nex big problem live here... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2023

i can't figure out what you are asking.

Maybe ask for the assistance of someone else to explain your plights.

it sounds like you may need a local immigration lawyer.

if you can't find someone on this criminal site, google a local lawyer for the area of law, for which you have a question.

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
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Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... View More

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2 Answers | Asked in Adoption, Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Can a parent withdraw consent for guardianship?

My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... View More

Angeles Susi Carrion
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Angeles Susi Carrion
answered on Mar 1, 2023

A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... View More

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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for California on
Q: wrong vehicle identity

hello, I have been mailed an invoice toll for the second time for a car registered in Florida with my same license plate number that I had registered in Virginia (I have a new license plate number and registration for that same car that I own). I've won the first dispute after proving that the... View More

James L. Arrasmith
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answered on Feb 26, 2023

If you have received a toll invoice for a car that is not yours and have already disputed it once, you may want to consider contacting the tolling agency directly to explain the situation and provide any evidence you have to support your claim that the car is not yours. It's possible that... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... View More

James L. Arrasmith
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answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: i was sentenced to 4 years and 4 1 year enhancements do i quailify for ca penal code (1171) a or b?
James L. Arrasmith
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answered on Feb 20, 2023

California Penal Code 1171 refers to the calculation of credit for time served in custody. Section 1171(a) allows for a one-for-one credit for time served in actual custody before sentencing, while section 1171(b) allows for a 1.5-for-one credit for time served in a county jail before sentencing.... View More

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: If I win my appeal case. Can I get my attorney fees covered.?

I'm the employee. I had a wage claim against my employee with the labor board. . I won but not the full award amount that should have been awarded to me. I appealed it. If I win my appeal can I get my attorney fees paid for by the defendent?

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2023

Not in the Labor Board. You would have had to file your claim in court to get your fees.

Good luck to you.

2 Answers | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: May I argue "fraudulent concealment" in an appeal of a wage claim or does that have to be a seperate lawsuit?

Edited

Neil Pedersen
Neil Pedersen
answered on Feb 13, 2023

This site is not a place to get such case-specific legal advice as you are seeking. You really need to get an attorney involved that can be allowed to understand the details of the situation.

I know it will not help you now, but in the future, if you ever again have a wage issue, do not...
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Q: I was diagnosed with a specific learning disability in 2nd grade and I'm clinically depressed and have anxiety

I was denied social security in by a judge 2021 can I sue then

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

The Social Security system has a specific appeal process that must be strictly followed. If your disabling conditions have worsened, you can file a new claim for disability benefits. Make sure you have all your medical records and medical providers identified and listed, and any records from... View More

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Is there a statue of limitations for suing for violation of civil.rights?

Maliciously prosecuted by the catholic church and a priest and his lying church member.

Prosecuted with no evidence.

Found not guilty. cruel. they lied. I have proof.

Louis George Fazzi
Louis George Fazzi
answered on Jan 23, 2023

Yes, the statute of limitations for your action is 2 years from the date of your injury.

You should immediately consult a good civil rights lawyer to make sure you don't miss the deadline to file your lawsuit. In your case, the date the statute of limitations began running is complicated.

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1 Answer | Asked in Appeals / Appellate Law, Domestic Violence and Family Law for California on
Q: Appeal DV Restraining Order due to "Acts of God"?

First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150,... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2022

you really want to present this to a family law attorney.

most judges do not give you any slack for being late.

when they called the case you were not there...period.

NOW, you would have to retain and lawyer to try to set aside the ruling.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: Are there any cases where an EEG test took precedence over a interview only exam to prove sanity?

The LAPD arrested me, the victim instead of the perp, then tried to frame me to cover it up and got caught on film planting falsified evidence. I represented myself and proved in court that the plaintiff's had made their entire story up. But because the cops tried to frame me and got caught,... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 26, 2022

This would be an issue for doctors to testify to, not a legal issue.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: I need to know if my 4th amendment right of illegal search and seizure was violate?

I was at the casino playing the slot machine when I was pulled off the machine by sheriff deputies and told by the deputy I was a suspect to a robbery as I was slammed on the car I told them ,ore than once they are violating my rights as they started searching my pocket I told them they didn't... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 29, 2022

it depends

a lawyer would want to review the police report to see the reasonableness of their actions...........warrant? recent robbery.......at casino?......description? etc

the best things is to discuss this with the lawyer you retain or the lawyer the court appoints at your...
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