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Louisiana Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: I was arrested for possession of cds sch2 with intent was incarcerated 10 months lost job home vehicle lost everything

The 2nd judicial appealed my case so it went to higher court and all 3 judges signed my favor

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your situation. Losing everything due to a wrongful arrest must have been incredibly difficult. It's a relief that the higher court ruled in your favor, but the damage done to your life is significant.

Given your circumstances, you may have grounds...
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2 Answers | Asked in Appeals / Appellate Law, Real Estate Law and Legal Malpractice for Louisiana on
Q: Almost a year ago, we lost a case in Federal Court because my attorney provided no evidence in support of our case.

We lost the case in federal court, attempting to get the donation of the family home made over, turned based on undue influence and secondarily on lack of subsistence. I provided our attorney with a 5 inch deck binder with copies of text messages, phone bills, bank statements, written statements,... View More

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

No. Your remedy now is to sue your former attorney.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Louisiana on
Q: Which appeals lawyer can accept monthly payments to represent someone sentenced to a life sentence in Tetrenonne Parish

Please call me at 225 453 9927 for payment options & availability for someone wrongly sentenced to life imprisoned in Houma, La

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 16, 2022

Use the Find a Lawyer tab and search for appeal lawyers or criminal defense lawyers in your area. Call them and see if they will take your matter. Good luck.

1 Answer | Asked in Appeals / Appellate Law and Tax Law for Louisiana on
Q: Do I need an attorney to file a Responsive Pleading to Board of Tax Appeals regarding the LA Dept of Revenue?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 7, 2022

Depends. If you are an individual /solo proprietor, then you do not. If you are a company (corporation, LLC) then yes. That said, there's a saying that's essentially true: only a fool represents himself----thus I highly recommend that you contact a tax attorney to represent you in... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: What to file If I don't agree with judges order and need a continuence to find new attorney for an examination hearing

Was sued for breaking a 2yr rental contract. 3 months into the new rental with exgirlfriend, i was told by police that I could not return to the property because of( arguing with exgirlfriend). She stay in rental for a year then abandoned it. I missed court so the judge said I owe 30,000. I'm... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 25, 2022

You do not mention when your court date is, however, you need to go about hiring an attorney between now and then. If you are able to hire an attorney before then, then he (ad you) will decide whether or not to seek a continuance. If you do not think you will be able to hire an attorney before... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Louisiana on
Q: If a lawyer admitted to the state bar but never to federal court represented you, is your conviction valid?

I hired a former district attorney to represent me in a federal criminal matter. He did not disclose to me that he was not admitted to practice in federal court. In reviewing my file for appeal I found a notice from the Government to the Court stating that he was not admitted to practice. Neither... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 1, 2022

Yes.

Q: i past my 30 days, can i still do anything possible to get my money back ? i have proof where it came from

I’m from a different city and did not understand the paperwork. i missed my 30 day limit but i have proof where the money comes from. i can’t afford a lawyer to even get help. i’m also a trucker and could not make the time frame due to not knowing or have to go right back to work to even pay... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

Goodness that is a long Paragraph without making clear whar the question is. Call lawyer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on
Q: My son was forced to plead guilty to a charge that he wasn’t even arrested for . How can I seek justice
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 26, 2022

You should have hired a criminal attorney for him before he plead. Now a criminal attorney would have to withdraw his plea.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Louisiana on
Q: what do i do if i lied on a police statement and want to change it
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

My careful, conservative answer is that before you do anything more, you should contact a lawyer, preferably a criminal defense lawyer, and discuss the specifics of this----- for example, why did you give a statement---was it as a witness to an accident, or as a witness to an alleged crime, or was... View More

1 Answer | Asked in Appeals / Appellate Law for Louisiana on
Q: When can you answer an appeal vs have to file a new appeal in Louisiana?

If the defendant is appealing a portion of a summary judgement and if you lose the appeal you want to appeal the entire summary judgement, can you just file an answer to their appeal on the portion, or would you have to file an entirely new appeal. Regarding Louisiana civil procedure.

Charles William Michaels
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Charles William Michaels
answered on May 21, 2021

You would have had to file a cross-appeal in the same case.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Louisiana on
Q: can my son's aunt void out my transfer of custody by mandate done Jan 18th by getting ex parte on jan25th??

I had a notary come and notarize transfer of custody by mandate on January 18th 2021 me & the father signed.

Our sons aunt who our son has been with since November 19th of 2020 had no legal rights to him we never signed anything giving her any type of custody any type of guardianship.... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 10, 2021

The answer depends on what she alleged in her Ex Parte Petition. You need a custody lawyer to review that and the facts of the case with you. You have a hearing coming up.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on
Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?

Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 6, 2020

It may be ineffective assistance. Consult with an appellate attorney quickly.

Q: How do I file a stay away order for protection order of some sort Also have an exparte order overturned

My kids paternal aunt just doesn’t like me& has repetitively&continuously been calling child services making false reports of abuse or neglect since 2018 July 2019 after a long battle with child services I was granted custody of my children Dad visits every other Saturday. July 2019 to... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 29, 2020

You need to quarantine for 2 weeks and get 2 negative covid tests. Then hire a custody lawyer.

1 Answer | Asked in Appeals / Appellate Law for Louisiana on
Q: What can I appeal for

Hi my Dad has been accused of 2nd degree murder but he had taken a plea to drop the charges to manslaughter for 40 years he has until November to appeal. What do you think we can appeal for and get?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 12, 2020

A criminal attorney would have to get a lot more details to answer your question.

1 Answer | Asked in Products Liability, Appeals / Appellate Law, Car Accidents and Civil Rights for Louisiana on
Q: Along w/ the new year came new a new job Opportunity. Last march I was hospitalized w/ a less than 1% chance

Therefore, I missed tons of work And fell behind financially. However, I had just about enough saved up to re insure my car (which is currently parked in my driveway). A friend of my bf throws his truck into reverse and SLAMS into my rt fender/rim! Hand enough to bend my strut and cause... View More

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2020

A Louisiana attorney would be able to advise you best on this, but your post remains open for a week, and is probably causing continued financial problems for you at this point. You could see if a Louisiana accident attorney would offer you a free consult to review the file to see if there is... View More

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Louisiana on
Q: How can I get my parental rights back if they were taken?

My son mother put him up for adoption while I was incarcerated without me knowing and my consent. By time I got any letter or documents it was a few days before the hearing and I couldn’t get a lawyer or anything. I showed up to court and they took away my parental rights and said when I got out... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 9, 2020

You need a consultation with an adoption lawyer. Some of this depends on when this happened.

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Louisiana on
Q: Can a city court in Louisiana (bogalusa) hold child in need of care cases? Where to appeal?

The Atty for parent stated in email that they couldn't do appeals. They didn't have the staff. Under the rules of Atty for this kind of case it states differently. How to appeal for all the violation of the case ? Where to file the paperwork for Appeal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 28, 2019

Yes city courts in Bogalusa, Slidell and Denham Springs can hear CINC cases. If the attorney for the parent was public defender, they may not be able to do appeals. Appeal must be filed in District Court in Covington quickly. Hire a private Juvenile Court lawyer.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on
Q: What If a peraon was interdicted and he is not incompetent
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 11, 2019

Then he cannot make any medical or financial decisions for himself.

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