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Florida Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Florida on
Q: Fl. PCR..I am incarcerated & file ineffective council does the state require they provide attorney to review for errors?

Defense allowed Motion in Limine for co conspirator. Public def stated in court "I have not researched this case I am not ready for trial" 3 days trial began. I was DENIED hiring private council due to court imposed time constraints. Perjury by witness/victim. Burglary with mask. Battery with mask... Read more »

Keith Upson
Keith Upson answered on Feb 25, 2020

What's the question? Whether you are entitled to the appointment of counsel in postconviction proceedings?

No. The Sixth Amendment right to counsel does not extend to postconviction proceedings. However, if a trial court sets your postconviction motion for hearing, the court will often...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: How long can the Florida Appeals Court hold a case without a ruling after all filings have been completed?
Keith Upson
Keith Upson answered on Feb 14, 2020

A decision can take anywhere from a week to a very long time.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Collections for Florida on
Q: I got sentenced to 10 years on a trafficking charge in 2012, with that conviction was a $100,000 fine. When I went

to prison I filed an appeal. I won my appeal and my conviction was overturned. When I got home from prison I had to start paying on the fine, I've been paying $75 a month for the last 4 years. I know I shouldn't be paying the fine, how do I go about not paying anymore and getting my money back? I... Read more »

Terrence James O'Sullivan
Terrence James O'Sullivan answered on Feb 5, 2020

I think it depends on the appellate decision and what exactly was “overturned”. A lawyer would have to review your file and likely, if applicable, file a motion in court to address the issue. I hope this helps.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Probate for Florida on
Q: If me and my wife got into an altercation and she called the law and I was arrested for domestic battery can she bail

Can she legally bail me out of jail the next day

Jonathan Blecher
Jonathan Blecher answered on Dec 21, 2019

yes, but use a third party

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must try & appeal a felony conviction. My career,livelihood depends on it. My previous P.A. was dishonest w/me.

1 felony charge= Loss of both medical certificates& licenses.

Loss of livelihood. Advice?

Keith Upson
Keith Upson answered on Oct 23, 2019

Reasonable people would research competent Florida criminal appellate attorneys and consult with as many as necessary until they found someone they wanted to hire, then hire them.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: I must appeal my criminal case. My sentencing judge repeated 4x's "Ma'am, you can appeal this." Whats my first step?

Only three days left to enter my appeal. Please Help. Any info is greatly appreciated.

Keith Upson
Keith Upson answered on Oct 23, 2019

Google "Florida criminal appellate attorney free consultation" and then start calling.

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3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I must appeal my criminal case ASAP. Whats my very first step, pre-attorney?
Keith Upson
Keith Upson answered on Oct 23, 2019

Google. There are literally dozens of qualified criminal appellate attorneys in Florida you would be happy to give you a free initial consultation. Google them, and call around.

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2 Answers | Asked in Appeals / Appellate Law and Immigration Law for Florida on
Q: I applied for the 240 a but it has been denied. on October 13 I wantd to know if I appeal is there any chance I win.

I was detained in 2014but was let go cause of a I 220 A. I do not have no felonys. I have done all they told me too. But for some reason my 240 A (b) was denied. I had 30 days to leave voluntarly and pay a fee of $500 if I appeal is there any chance I could stay. I have 2 kids of age 18 & 19. One... Read more »

Gary Kollin
Gary Kollin answered on Oct 21, 2019

You need to consult directly and privately with an immigration lawyer

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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: When filing a appeal to the Supreme Court of Florida where does the Notice of Appeal get filed?

Does the notice of appeal get sent to the Lower Tribnual's Clerk, like when filing the appeal with the DCA. Or since the Appeal is of the DCA's decission is it filled with the DCA's clerk.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

It is not an appeal. It is a petition for writ of certiorari.

Please read the rules of procedure as you are handling this case on your own and you feel confident to do so, you will need to be familiar with them. This cite is not designed as a tutorial.

Also many issues can be...
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Q: Our Georgia attorney lost our probate caveat due to his inability to do what we asked! Then dropped my wife from

The contract which was contingent on winning and if it went to appeal he would be there for her?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

Is there a question in here somewhere?

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: (FL) Can a plea still be valid/stand if it was rejected at the time it was offered, but the facts provided were wrong?

A plea was offered 7 months ago of 29 years with no minimum mandatory. When the plea was being offered in court, it was stated on the record that the minimum, per sentencing guidelines, that could be imposed was 27.27 years with minimum mandatory if trial was lost. Recently, it was discovered that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2019

I believe it's too late to appeal unless you first move to set aside the conviction. I suggest you get an attorney to file the motion and an appeal if the motion is denied.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Florida on
Q: I need help please here. I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing

In the 9th or 11th courts I need reversed appeals due to judge called a sua sponte mistrial without defendant knowing due to the states witness declared he was coerced by the state without manifest necessity. To tell you the truth I’ve tried for three days now and my mind can’t take reading... Read more »

Keith Upson
Keith Upson answered on Jul 31, 2019

I am not entirely convinced this question wasn't posted by a bot of some sort, but interestingly sometimes it can be really difficult to practice law competently. There are literally dozens of qualified appellate attorneys all over the state of Florida who would be delighted to provide a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: My husband was assigned lawyers after his pd filed an appeal. I can't find his case even with the search engine.

He had complaints about how the prison has been treating everyone in their block. I turned it into the state and they were going to forward the complaints to a doc official. Now his visitation has been blocked and he is not calling me. I want to know how his appeal is going to figure out if he was... Read more »

Keith Upson
Keith Upson answered on Jul 31, 2019

This is one of those things that is really easy to do, after you've done it once. Each of Florida's five district courts of appeal have their dockets online: once you know which district he's in, you just put the case number or his name in and you can see the current status.

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Collections for Florida on
Q: I have a garnishment on my checking account and account is now froze. I get social security of 834. And have a new job

I have no money for food or gas and with frozen account I will lose my home and car . I never about this till I got letter in mail from my bank and portfolio recovery associates.

Gary Kollin
Gary Kollin answered on Jul 11, 2019

Social security is exempt from garnishment. You should have filed a challenge. You still can.

I know thta will apply prospectively, I do not know if it can act retrospecfully and you can get any monies already garnished back

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: When writ of certiorari, the cases you list that are alike, do they have to be from the last court that denied you

For example; you filed an appeal in the 11th courts in Atlanta. Say cases I find that are close to what I am bringing up to my last appeal being the Supreme Court can you use any cases or do they need to be cases reversed from that same 11th of Atlanta or can I use any say from any that I can find... Read more »

Gary Kollin
Gary Kollin answered on Jul 9, 2019

You can cite any case, some are binding and some are merely persuasive

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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: I am trying to find approved appeals in the 11th courts judge called sua sponte mistrial without defendant

Judge called sua sponte mistrial without defendant knowing due to the states witness unavailability without manifest necessity where can I find alike past appeals that were approved and reversed ?

Gary Kollin
Gary Kollin answered on Jul 7, 2019

use scholar.google.com

1 Answer | Asked in Family Law, Foreclosure and Appeals / Appellate Law for Florida on
Q: How can you ask a Judge if she followed through on conferring with another Judge or what happened in writing to be legal

A Judge stated she would confer with another Judge after the hearing. I need to know how to request something in writing from the Judge to see if she did it or not and if she did, what did she say or if she didn't why not. I need it to be done in a way that a Judge another Judge in appeals court... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

I will not bother to explain why--but I will say that you are trying to go down a dangerous path leading to places you do not ever want to go.

There is no legal way to "get something in writing" from a judge "to see if she did something" that "she said she would do"--i.e., talk to another...
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1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: Appeal judgement in Kansas stating mother cannot move to another state but only 45 minutes away.

Mother is engaged and plans on being married 6/20/19. She has joint custody but is residential parent. Father applied for full custody and court ruled that she as to stay or custody goes to the father. There are no jobs available because this is such a small town. Does she has an appeal.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 30, 2019

If the judgment was by a court in Kansas, you should have asked this in Justia › Ask a Lawyer › Kansas ›.

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: If a seante Bill has a affected date is it finalized

In the state of Florida

Tim Akpinar
Tim Akpinar answered on May 22, 2019

Yes. As a general matter, the effective date is the culmination of a bill into a statute. You could find further details about a bill's history on the website of the Florida Senate.

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Litigation and Civil Rights for Florida on
Q: I am looking for a ruling on a 5th DCA Jeffrey C Abramowski vs The State of Florida decision on appeal ?

Appeal 5th DCA dated 4/9/2019 Jeffrey c Abramowski vs The State of Florida ruling. He is in Martin Correctional Institution Indiantown Fl and has filed grounds of double jeopardy and need to find the ruling/decision on this as Monday is their last day to respond ?

Henry George Ferro
Henry George Ferro answered on May 18, 2019

You can call the office of the clerk of court for the 5DCA and they will tell you.

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