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Illinois Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: how do you appeal a murder case that was denied a state appeal
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 8, 2021

That answer requires a full knowledge of the original criminal case, its procedural history, evidence, motions, rulings, and case notes on possible manifest mistakes and other legitimate grounds for an appeal to be timely and appropriately filed by such attorney.

That legal issues requires...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If I lose appeal on monetary judgement will I have to pay twice as much or the original amount of judgement

I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... Read more »

Charles William Michaels
Charles William Michaels answered on Feb 12, 2021

First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Illinois on
Q: Hi, I am currently deeply twisted up in some very deep legal issues and am desperate for help! I have no idea what to do
Juan Ooink
Juan Ooink answered on Jan 6, 2021

If you are facing legal issues, you need to hire an attorney that handles the type of matter you are dealing with. The sooner you contact an attorney, the better.

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1 Answer | Asked in Employment Law and Appeals / Appellate Law for Illinois on
Q: Illinois supreme appellate court decision: mandate - appeal dismissed what does this mean in a civil case?

Case of unemployment in chicago

Tim Akpinar
Tim Akpinar answered on Dec 14, 2020

An Illinois attorney could advise best on this, but you await a response for four weeks. As a GENERAL matter, dismissed means thrown out by a court. Also as a GENERAL matter, dismissals can be with prejudice, without prejudice, subject to being vacated, etc. But you need more than just GENERAL... Read more »

2 Answers | Asked in Appeals / Appellate Law and Traffic Tickets for Illinois on
Q: Can I appeal a conviction based on negligence from all parties of the court?

I was forced into taking a ridiculous plea the states attorney deliberately handed down a harsh sentence because he doesn’t not like me. My lawyer did nothing to help me either. My lawyer and the states attorney and the judge, well as a matter of fact everyone in this little podunk county are... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Oct 26, 2020

The state of Illinois considers driving revoked, particularly when the reason for the revocation is a DUI or other serious traffic offense, to be a serious violation of law. Given that you mentioned IDOC, it appears it was or could have been a felony.

In most circumstances, it is EASY for...
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1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: my question is case has been pending in the appellate court for more than three years and it is still pending.

I want to know what is the statute of limitations for a civil case before they must render a decision in the case. and what can I do to expedite the matter

Cynthia Rote
Cynthia Rote answered on Feb 24, 2020

It is unusual for a case to be pending in the Appellate Court for this amount of time. If it is a complicated case there may be a reason for this. However, you may want to call the Appellate Court Clerk's office to inquire about the status to ensure that an order was not entered; it is... Read more »

Q: I was falsely accused of stealing and at a superstore. Can I sue for defamation? See details below.

I was brought back to the store in cuffs and questioned. I denied and showed them the reciept of the item I bought, and they brought up the footage of me paying at the cash register after I told them what register I checked out at. I was embarrassed and humiliated. They then trespassed me from the... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 12, 2020

I'm sorry for your ordeal. You could consult with an attorney in confidence regarding your civil remedies because they could be multiple here. Doing this without delay could be valuable to you in terms of preserving video footage before it is rerecorded over or lost. Many attorneys would... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Illinois on
Q: Is there a statue of limitations on filing an appeal to remove a charge on my record.?

If I was charged with 924c but never had a firearm in my possession can I get it removed from my record.?

Juan Ooink
Juan Ooink answered on Jan 27, 2020

Your time to file an appeal is shortly after the case was resolved. If it has been more then 30 days since your case was resolved, you time to appeal has passed. You might want to consult with an attorney to see what other options, if any, you might have regarding this matter.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: Rules for filing an appearance in a matter on appeal. Appearance filing needed in appeal case by circuit attorney?

Matter on appeal (interlocutory and final order). Does circuit case counsel file appearance in appellate case or not? Is the attorney’s appearance filing in the circuit case automatically applied in the appeal case without that attorney or other filing an appearance in the appeal case in the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

An appearance must be filed in the appellate court case.

Q: Life insurance claim denied. Cannot appeal due to time and not knowing since my old job was taking care of it.

Life insurance threw job, got fired, claim denied. Talked to old employer about it they said they filed appeal. Talked to insurance , they say old employer didn't file. I got letter from old employer stating that I was denied life insurance due to my husband being on hospice and a check that I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

I'm sorry for the loss of your husband and this difficult ordeal. There is no simple answer here. As a starting point, you can gather records of all correspondence, including matters concerning the insurance denial, employer's appeal, original application, and everything else you have and... Read more »

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If a person has already been sentence writes an affidavit for his co-defendant can he still be grant a Appel ?

Basically will he still be able to fight his conviction

William Jaksa
William Jaksa answered on Sep 18, 2019

Accused A is found guilty, is then sentenced, and now wants to appeal the conviction and sentence. As long as there are merits Accused A will be given an appeal. That sworn affidavit will likely hurt any appeal if contains a confession.

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Communications Law for Illinois on
Q: Will the judge understand that I didn't know I needed sr-22 for 3rd year? Please help, I never even received a letter.


Jeremy Wang
Jeremy Wang answered on Jan 16, 2019

Illinois law requires you to notify the Secretary of State every time you change your address so they can send you notices. Failure to do so can lead to getting another ticket.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Illinois on
Q: Asking for help with a reversed conviction. Time in prison and parole complete.
Juan Ooink
Juan Ooink answered on Dec 18, 2018

Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.

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1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: What sorts of legal decisions can NEVER be appealed?
T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

You cannot appeal a court's decision just because you do not like it, you have to have a basis for the appeal.

A not guilty verdict on all charges normally ends a criminal case—the prosecution cannot appeal an acquittal.

Criminal defendants generally can’t appeal...
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1 Answer | Asked in Appeals / Appellate Law, Health Care Law, Legal Malpractice and Probate for Illinois on
Q: What would be the right way to go about filing an appeal in a mental health case where I have not been served?

I have a dispute with my family, they gained access to money under my name and then had me mentally committed where now they are smearing my name in court proceedings to the point where a judge is providing a waiver of service for me to attend these proceedings. According to the multitude of laws... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2018

The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it... Read more »

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Illinois on
Q: Only HOA, their relative and friends ...even the repair guy got the grandfathered in clause and owners here 20 years not

This is for rental rights.

Wendy D. Calvert
Wendy D. Calvert answered on Mar 1, 2018

What is the question? Are you being restricted from renting a unit you own in a condo association? To determine your rights, you would need to review the by-laws and any subsequent changes. If the other parties have been grandfathered in, there should be some documentation as to when and how... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: If a divorce agreement is Volunteer dismiss can I still sue for breech of contract in Illinois?
James G. Ahlberg
James G. Ahlberg answered on Jan 26, 2018

The voluntary dismissal of a dissolution of marriage case seems unlikely to have anything to do with a breach of contract case. If your question is whether to consider the marriage a contract upon which you can sue for damages if the divorce is voluntarily dismissed, the answer is no, you... Read more »

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... Read more »

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