I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and if it does...Read more »
I'm filing an appeals brief, and I have proven that the lower court never had subject matter jurisdiction to render there judgment. In my relief sought may I demand a immediate release or remand it back the lower court for the issuance of the writ to test the legality of the restraint
Is this a criminal defense matter? If you prove that the lower court lacked jurisdiction, the court should issue an order to overturn the decision of the lower court, and you should ask for that in your appeal. It's best to have an attorney handle an appeal, as they can be too complex for...Read more »
You may lack standing to bring this sort of appeal. It depends on the facts of this seemingly multi-plaintiff case; but if they're 2 separate cases, then typically not. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law...Read more »
You are generally permitted to litigate actions and file appeals on your own, without a lawyer representing you; but having a lawyer is advisable if you can afford one. An exception is that if you're in a corporate action where you're trying to represent an incorporated entity (e.g., your own C...Read more »
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