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plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.
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answered on May 19, 2024
Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More 
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answered on Jun 3, 2024
Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).
The fact that the... View More
If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?
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answered on May 1, 2024
When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More
I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More
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answered on May 1, 2024
If you have discovered that your name is on the Child Abuse Registry due to a substantiated case by DCBS (Department for Community Based Services) that you were not previously notified about, it's important to address this issue directly with DCBS. Generally, agencies are required to notify... View More
Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.
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answered on Mar 28, 2024
In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More
I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.
answered on Dec 13, 2023
What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.
In Kentucky, the father of my children was issued a Domestic Violence Order (DVO) after admitting to verbal and mental abuse, coercion, confinement, and posing a danger. Despite being offered legal counsel, he refused it in court and admitted to the accusations while witnesses testified against... View More
answered on Mar 9, 2025
Depends on whether he’s asking for reconsideration or appeal. Reconsideration will be the same judge. Appeal will be a new three judge panel before the Zcourt of Appeals.
I was the defendant in a criminal case where the decision came back as 'no bill.' I did not receive any official documentation aside from the note written on the inventory paper listing the items the police took as evidence. They returned my gun, which had an evidence tag, but the DVR did... View More
answered on Mar 7, 2025
You should consult a civil rights attorney to determine whether you have a claim and at a very minimum, get your DVR back.
My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More
answered on Mar 7, 2025
It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.
My friend was arrested and charged with burglary after his girlfriend, who was incarcerated, gave him the keys to her safe to retrieve money meant for hiring her a lawyer. She instructed him to avoid the cameras because of her dad, so he entered through a window. Her dad, who is pressing charges,... View More
answered on Mar 6, 2025
Yes. He can. There is no statute of limitations on a felony.
I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there... View More
answered on Mar 5, 2025
Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.
Hired atty who did not represent me in lower court, made mistakes in Notice of Appeal and then billed me to correct her errors, I paid, but in dispute. I also informed her that she needed to start responding timely to my communications and suggested 2-3 days if even to inform me when we could talk;... View More
answered on Feb 18, 2025
You probably will need to hire a new attorney to review the case and see if you have a legal malpractice claim against your former attorney.
answered on Jan 31, 2025
E can be impeached with his criminal record and the current new charges pending against him.
My husband doing 365 days for leaving rehab on a possession of med charge 0.01g he has done 130days what can I do to get him out anyway house arrest work release drug court anything we can do to get him out please
answered on Jan 9, 2025
You can file a motion with the sentencing court for shock probation to probate the balance of his sentence.
He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!
answered on Sep 30, 2024
Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.
Afterwards and the commonwealth attorney changed my date without notification to me and there's no bond or bail due to me serving out
answered on May 27, 2024
Yes, although you may have a solid defense to it. Hire a criminal defense lawyer immediately to get out in front of this problem.
Also I have been iD fraud, Microsoft and 2 hospitals leaked my records, I lost my apartment vehicle and job after a dui I was innocent of, the next day cps took my daughter... now looking back it's clear to me that Shelbyville ky has done this same thing to many women. Federal housing,... View More
answered on May 10, 2024
Talk to a local lawyer. Much more info is needed to ascertain the intellectual property you referenced.
They were partners for almost 5 years before he took his seat in office as a judge. She sucked as an appeal atty and didnt put any of the arguments about false documents, or that the judge didn't follow record retention procedure. On top of that she discouraged me from doing any further... View More
answered on Feb 8, 2024
What you have described happened regularly and on its face is not a conflict of interest nor a violation of the judicial canons.
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answered on Sep 14, 2023
o find a capable criminal appeals lawyer in Kentucky for potentially vacating a wrongful conviction under KRS 503.085 (self-defense), start by contacting the Kentucky Bar Association or seeking referrals from trusted sources. Online attorney directories and local legal aid organizations can also... View More
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