Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I have an ongoing dfcs case. Im fighting very hard to get my children back. Is it ok for them to use hearsay at the 10 day hearing? The dfcs worker and the social worker at the hospital have two accounts of what was supposedly said. Can they use this as sufficient evidence? Could they be sued for... View More 
answered on Feb 19, 2019
You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
answered on Aug 27, 2018
We would need more information to determine if the father is within the appeal time limitations. Whether an appeal may be successful depends on several factors. I suggest you speak with an attorney as soon as possible if you have a recent adverse decision against you.
answered on Jun 8, 2018
You have to file a written motion for supersedeas bond and file it with the clerk and copy the State and send a courtesy copy to the judge and request a hearing and then notify the state of the hearing date.
This is child support from over 13 years ago
answered on Apr 23, 2018
If you're speaking of the 13 year old order, then under very limited circumstances, such as if the Court lacked subject-matter jurisdiction. If you're talking about a contempt action or Department of Child Support Services Administrative Order or Court Order, time is of the essence -... View More
40-6-350 rights were taken from me.
answered on Apr 12, 2018
Generally you have 30 days from the date of conviction to file a notice of appeal. O.C.G.A. 40-6-350 deals with laws for people operating mopeds - hence you are likely in a city or state court. Depending on which you are will depend on if you have an appealable issue from a record court.... View More
I'm in a DFCS case and they're doing everything wrong. I filed a notice of appeal 4 months ago and they will not send it to the court of appeals. I have a legal right to an appeal a direct appeal. I filed a different notice of appeal today but my question is what can I do to force them to... View More
answered on Feb 11, 2018
You need to contact an appellate attorney to discuss your options for an appeal. Typically, orders in dependency cases are not direct appeals and you would need to apply for the right to appeal.
Even if the judgement rendered was against Ga law
answered on Jan 13, 2018
Yes! Until it is reversed on appeal the trial court's order is in full force and effect.
I want to file a motion for discovery but I have filed a notice of appeal. Should all contact be cut off while undergoing the appeal or should I still file the motion for discovery?
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answered on Oct 31, 2017
There is no such thing as a motion for discovery. You need to consult with a family law attorney. It is possible that you have a good case, but because you do not know the rules of the court, those facts may never come to light. if your case is still pending, an appeal will most likely be... View More
Just got a verdict against me in a rear end car accident , where my car was totaled. The opposing attorney entered closing statements that should not have been said, but was and this dissuade the jury against me. Is there any way I can get an appeal against this verdict?
answered on Oct 9, 2017
You had an attorney I assume. Not clear if you were plaintiff or defendant. Most states have an appeal as of right. You have a certain number of days to appeal and may have to file a request for new trial first.
I applied for my WCL in the state of Georgia, and i was denied for the history pulled indicating a Battery (Misdemeanor), Disposition: Informal Probation; Additional Information: "Need final disposition and police report, possible domestic violence."
I do not recall this event. I... View More
answered on Aug 28, 2017
Sounds like the easier approach would be to get a certified copy of the disposition of the battery charge in question.
If you need further information, visit my website at www.LevinLawyerGa.com.
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answered on Aug 15, 2017
Yes, from an analysis of other similar cases, from the Clerk of Court. Some are fully automated, and some are not.
The defense attorney brought up an old self defense charge, that was dismissed 10 years earlier, during a trial that relied mostly on character evidence despite putting in a motion of limine (at the request of the defendant) specifically requesting that this non indicted charge remained off record.
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answered on Aug 15, 2017
This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.
Can a convicted defendants still file for motion for reduction of sentence after filling a direct appeals
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answered on Aug 15, 2017
That procedure used to exist, but the Legislature no longer has that law. Before, a panel of other Superior Court judges would evaluate the person's case, prior record, versus the sentence handed down.
If no appeal was timely filed, within 30 days, uour best best is (within the first... View More
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answered on Aug 15, 2017
You will likely need to contact the attorneys in the case. Only certain cases have briefs available through Westlaw, which is an expensive service. Plus, this process for retrieval of briefs is new, relatively. Not all supporting legal papers are available, online.
Accident occurred in turning lane. 1st party was idling, waiting to clear the turn lane. 2nd car was driving in the turn lane, more than 300 ft from her turn, crossing over 1 lane of traffic. Distance was verified at 345 feet. I was cited for the ticket. GA code 40-6-126
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answered on Aug 15, 2017
All police-issued tickets are based upon the officer's OPINION about what happened, and what was done. Then, a criminal defense attorney investigates and seeks to exclude illegal evidence or to refute the alleged facts.
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answered on Aug 15, 2017
The Clerk of Court for that case will have some, but not all, items. Discovery is sometimes merely exchanged between prosecutor and defense attorney, and will not always be found in the file at the Clerk's office.
Some pre-trial motions and exhibits do not get transcribed. So, that... View More
I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from... View More
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answered on Aug 14, 2017
Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
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