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California Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Civil Rights for California on
Q: Can the DA only bring his Witnesses to trial, and exclude all of my witnesses? Can they also deny representation?

denied representation, excluded only my witnesses. 12 white people, 1 Hispanic bias, discriminating, DA, Judge, And jury. Couching of witnesses, who were Sheriff's, police brutality, pitchess Motion lied about the officers, using the dates or statute of limitations, to make sure there not liable.... Read more »

William John Light
William John Light answered on Jan 8, 2019

If these are real issues, your attorney should raise them in pretrial motions or in cross examination. If you don't have an attorney, get one.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Yes the judge was sent a letter n saidthey found n error on my papper work,that the sentencing didnt match with the crim

So they did a Ex Parte Hearing Re DOC request for sentence review n i was never aware of the letter or the review of my case wen they fixed the error so isnt the ex parte hearing illegal then?

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2018

MORE INFO NEEDED.

YOU WOULD BE BEST ADVISED TO ASK THIS QUESTION OF THE LAWYER WHO REPRESENTS/REPRESENTED YOU. S/HE WOULD HAVE ALL THE CORRECT INFO ON THE CASE AND BE ABLE TO PROVIDE ACCURATE INFO.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri

N got sentenced n 2008 wel my bro never seen the paper work or waived his rights on a paper then the other paper i found was a week later from 2016 paper they had resentencing/modification hearing n corrected it nunc pro tunc reflect but is it legal for the court to not notify my bro about the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 22, 2018

MORE INFO NEEDED

SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.

THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.

EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS....
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Q: Need Famous Federal cases that prove reprisal in the workplace?
Tim Akpinar
Tim Akpinar answered on Oct 16, 2018

There is an online resource for finding cases called PACER (Public Access to Court Electronic Records).

Tim Akpinar

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on
Q: Can I appeal a restraining order against me.

I was given the evidence the day of my hearing and about 20 minutes before my hearing. Before the judge made her decision I asked for a continuous to get a lawyer to protect my rights and was denied.

Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2018

Need more info

Was this criminal or family law proceeding?

When did you get notice of proceeding?

Why didn’t you have a lawyer?

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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on
Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca
Donald Arthur Hilland
Donald Arthur Hilland answered on Sep 29, 2018

How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »

Gary Kollin
Gary Kollin answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is there free lawyers who are willing to help serve justice in reinstating parental rights that proves purgury in case

I've been denied to provide evidence that would prove purgury in my case which harmed my reunification with my son

Angelina Bradley
Angelina Bradley answered on Sep 26, 2018

Not likely. In LA, Levitt and Quinn does sliding scale work but I don’t know if they do appeals.

Appeals are time consuming, expensive, and most cases result in the trial court’s decision being affirmed.

That doesn’t mean don’t try. It does mean you have an uphill battle....
Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?
Robert D. Kreisman
Robert D. Kreisman answered on Aug 18, 2018

I would suggest that it is generally better to hire an attorney who specializes in appellate work. There are just too many possible technical requirements in appellate work that if not met could foil your case .

1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on
Q: COUNTY OF LOS ANGELES VS MYSELF served copies of the SUMMONS AND COMPLAINT PARENTAL OBLIGATION.

The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 13, 2018

Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for California on
Q: Am I able to file an appeal as the father made false statements when really we agreed to split sons week off?

My ex and I have a son who went off track last month on July 9th until Aug 7th. But he had a week off before his actual off track vacation day which we split. I let my son stay with his dad July 4,5, and 6. Court orders state on the day off track vacation starts I am to have the first two weeks and... Read more »

Angelina Bradley
Angelina Bradley answered on Aug 8, 2018

As a party to the proceeding, you can go down to the clerk's office and request a copy of whatever the judge ordered that day.

You do have a right to appeal if the order was a permanent order, however, you will need to file a notice of appeal within 60 days of the hearing. On appeal, you'll...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I didn't finish a case from 2011 . I feel I was given insufficient advice and pressured into taking a bad plea.

I have community service and a class to finish. is there anything i can do besides go to jail?

Dale S. Gribow
Dale S. Gribow answered on Jul 16, 2018

much more info needed.

is it a DUI?

a lawyer has to put the matter On Calendar and then ask the court to quash the bench warrant that would have been issued. He will need an excuse to present to the court.

you can probably avoid jail but may have to start dui classes (if it...
Read more »

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law, Civil Litigation and Small Claims for California on
Q: How do I appeal/challenge a reversed Ex Parte order?

A woman stole my pets and began abusing and killing them. She would not allow me on the property to retrieve them, refused to communicate, showed many photos of my animals dead and dying, covered in blood, etc.

I got an Ex Parte order to get my animals from her. The police stupidly gave... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Jul 15, 2018

I don't know enough facts about your case, but I don't understand why the police, or an animal control agency, doesn't immediately arrest this woman for animal cruelty. Something doesn't make sense. You should get a lawyer ASAP.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can you appeal a decision in small claims court?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 9, 2018

Only a losing defendant can appeal in small claims court. A losing plaintiff can not. The appeal results in a brand new trial (called "de novo"), which will be heard by a different judge. At the de novo hearing, unlike an original trial, lawyers are allowed.

3 Answers | Asked in Personal Injury, Appeals / Appellate Law and Health Care Law for California on
Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire

The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy and was feeling pain in my lower back she suppose to take me in welchaire to my vehicle i had just delivered my baby and the nurse made false statement of me i felt discriminated and i have this back pain

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2018

with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.

not sure how that could cause back pain.

if you had fallen walking and broke something it might be a case to pursue.

i hope you and the baby are fine.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: If the judge struck 12022.53 (d) and kept 12022.53(e) 1 did that mean that (d) was not proved
Dale S. Gribow
Dale S. Gribow answered on Jun 12, 2018

much more info needed.

i assume you had a private or court-appointed lawyer and you should ask that lawyer.

it could mean there was not enough proof or the judge gave you a break and dismissed one count in the interest of justice???

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Judges n Courtrooms

How Many Judges are Assigned to a Criminal Case in California?

How Many Courtrooms are Assigned to One Criminal Case in California?

Dale S. Gribow
Dale S. Gribow answered on Jun 10, 2018

much more info needed.

1 judge and 1 courtroom per case........

on an appellate level, often 3 judge panel

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for California on
Q: I’m looking for case law in California to support spousal support and distribution of assets for marriage of 43 years

Appealing decision giving support of 1600$ month to wife of 43 years. Judge also awarded all net escrow dollars to husband. Wife received none. She was a homemaker for 30 of those years. They had an upper middle class lifestyle. Husband continues to have upper middle class of living while wife is... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 27, 2018

What do you mean you are looking for case law? Case law that says what? What is it you are trying to establish? What is the basis for your appeal? Are you claiming the judge made a mistake? Are you claiming the evidence did not support the decision? What error do you believe was made that... Read more »

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for California on
Q: ” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case
Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

Read it and see for yourself: https://scholar.google.com/scholar_case?case=836093554391354911&q=rko+v.+weirum&hl=en&as_sdt=6,39&as_vis=1

1 Answer | Asked in Appeals / Appellate Law for California on
Q: .” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case (1975)
John Toby Schreiber
John Toby Schreiber answered on May 21, 2018

The California Supreme Court affirmed the trial court award of damages in plaintiff's favor. The appellant parent company of an LA radio station held an on-air contest as to who could find one of the station's djs, in which 2 teenage listeners drove so quickly through traffic they caused an... Read more »

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