Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
answered on Dec 18, 2013
There is no real time limit for the Circuit Court to decide. After the briefing is finished it can take many, many months.
Usually, when someone wants to pursue a claim under federal law, they have to begin in a U.S. district court, correct? But when someone has exhausted remedies under state law and now wishes to make an argument from federal law, they're permitted to appeal directly to SCOTUS. Why don't... View More
answered on Dec 18, 2013
The decisions over the scope of the jurisdiction of the U.S. Supreme Court are made by Congress in the U.S. Code. The Constitution gives Congress the power to make thee decisions. See Article III, section 2, ¶2: "the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,... View More
I asked my court appointed appellate counsel about the status of my appeal. It has been 18 months since the appellant and appellate briefs were provided. In those 18 months there has been no mention of it, anywhere. I was told that nothing will be published until the affirming/reversing is... View More
answered on Dec 18, 2013
Dear ?,
Your court appointed counsel is the best person to answer this question. If he/she cannot or will not then you should contact the Clerk of the appellate court. In general, most states have an electronic appellate docket these days, but sometimes access to it is restricted.
answered on Jul 23, 2013
Sure, but then you might have some valid defenses, and there is not a crime called this, it is usually possession, and can even be constructive possession, but there usually are defenses if you for instance did not know that the drugs were there. One important thing to remember is not to speak with... View More
Is it too late to withdraw his plea and file on the lack of representation? Thank you.
answered on Feb 15, 2013
It is way too late to withdraw his plea, the type of motion is called a 3.850 for ineffective assistance of counsel. You will have to contact an attorney and actually hire one to look into what might be possible for your brother. The gain time was different in 1989, with many prisoners only doing a... View More
answered on Feb 15, 2013
Then start calling appellate attorneys and getting estimates. Mandamus is not easy, indeed, no appeals are easy. The relief afforded by appellate courts is sometimes very curtailed.
answered on Jan 30, 2013
What you might want to do is hire another attorney to make a motion to withdraw the plea.
answered on Jan 30, 2013
Perhaps. More facts are needed to answer this question.
answered on Oct 25, 2012
The public defender is the pro bono attorney. Their appellate divisions are great. You will not find a private one to do appellate work for free. What are the issues? She had 30 days to file a notice of appeal. Do you have a complete transcript of the trial or hearing? There are many matters that... View More
She is now also wanting past medical bills paid.
answered on Oct 24, 2012
The time to appeal is within 30 days. The time to make objections to a ruling of a general master or magistrate is 10 days. The time to make a motion to amend is 10 days. Get an attorney if you do not have one already.
answered on Oct 18, 2012
One would have to read the decision from the appellate court in order to know the context and answer this question. Give us a citation, and we will be glad to tell you what might have been meant. Just the phrase, in this case, is simply not enough.
I won an OSHA appeal and the attorney for the solicitors office told me in May 2012 that it would probably be filed by July 4, 2012 after the Department of Justice gave the final approval. I have not heard anything.
answered on Sep 11, 2012
Well then contact that attorney and ask when the case will be filed.
Case Number: 8:2010cv02003. I need a Florida attorney or a law student to help me go Pro Se on filing an appeal.
answered on Aug 31, 2012
There is no way an attorney can tell you what the chances are without knowing all of the facts.
answered on Aug 16, 2012
In order to appeal a decision, you must file a notice of appeal with the lower court within 30 days. Many things are required, like designating the record, etc. Then you would need to prepare a brief to submit to the appellate court. When the opponent files a brief, you have 20 days to file another... View More
90 days to respond to the motion but it has been over 90 days and the state has not responded yet or asked for an extention to respond. Will it be appropriate to file another motion but to the appeals court to correct an illegal sentencing?
answered on Jun 26, 2012
The court has to determine whether the motions are sufficient on their face.
answered on Jun 26, 2012
Recognizing that this question was asked a year ago, I doubt that an answer would be useful at this stage. However, when asking questions like this it is better to give some facts and the citation to the case or cases that need to be read in order to answer them.
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