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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: 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... Read 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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Louisiana on
Q: How can I apply to take curatorship away from the one currently in place?

She is a distant relative and before the hearing the judge had already made his decision based on the lies they told about the son and daughter. She has fought the daughter who is undercurator about everything per her lawyer. If family wants anything including photos we are told we have to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 21, 2019

Another relative needs to hire a family law attornry to file a Petition to change the curator and for an accounting.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Appeals / Appellate Law for Louisiana on
Q: What crime has been committed if do a power of attorney that was misleading done and use that poa to further your gains.

You use this poa to defraud the probate court.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 4, 2019

Can't understand your question. Call a successions attorney.

1 Answer | Asked in Appeals / Appellate Law for Louisiana on
Q: What does this mean? The appellate decision was writ granted in part;remanded

D.A. filed a writ in post- conviction hearing.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 1, 2019

The D.A. won part of the mini appeal and the rest has been sent back to the trial court judge

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Military Law for Louisiana on
Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .

I have submitted hazardous duty tax documents.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 19, 2019

Can't tell what your question is.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Louisiana on
Q: What paperwork do I need to file in order to get an increase in my visitation orders W/my children and to enforce orders

Father does NOT comply with ANY of the court orders. He breaks just about every one and DOES NOT ALLOW MY CHILDREN TO SEE ME

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 4, 2019

Your attorney needs to file a Motion for Contempt and to Modify.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Child Support for Louisiana on
Q: I need help. My final appeal is today. I've called everyone. I cant find a lawyer. Would I be able to fight after

I need help today. Please

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 26, 2018

First, Justia is not a lawyer referral service. Attorneys cannot contact you from this website. Second, why would you wait until the due date for your appeal to try to find a lawyer?

Q: Can we get my son out he was charged with sexual but no evidence was given
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 11, 2018

Your son needs a criminal attorney who has a lot more details of the case.

2 Answers | Asked in Appeals / Appellate Law, Family Law and Child Custody for Louisiana on
Q: Time sensitive: How to go about filing a motion to appeal parental rights? Lost parental rights on 9-18 has 30 days.

My fiancee is incarcerated at Elyan Hunt, he lost his parental rights on September 6th, 2018. He has 30 days to file a motion to appeal termination of his parental rights. He will be out in April 2019. How can I help him to file this motion? He is on a list at elyan hunt, but this list will be over... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 21, 2018

You will need to find an attorney to represent him and to timely prepare and file the motion for appeal.

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2 Answers | Asked in Adoption and Appeals / Appellate Law for Louisiana on
Q: can a decision against the father in an intrafamily stepparent adoption be appealed

i was given a wrong court date so i didnt go to court on the actual date of the hearing. since i wasnt there the judge waived my consent and allowed the adoption of my daughter to go through

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 12, 2018

Yes, the judgment can be appealed; however, there are specific and strict deadlines that must be adhered to. You should seek the assistance of an attorney immediately to ensure that your rights are protected.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Louisiana on
Q: Can three people committing the same crime be sentenced with different times for the same offense?

One individual received 9 yrs. because of perjury, another 7 years, another 3/4 years. The one with 7 years testified against the other 2, and the last individual received a lesser sentence. Also, the whereabouts (prison ) was supposed to be sealed for the person with 7 years, I found out that the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 12, 2018

Yes

1 Answer | Asked in Bankruptcy and Appeals / Appellate Law for Louisiana on
Q: I just left a creditors mtg and the Trustee want to seize my teachers retirement lump sum deposited in my checking acct
Timothy Denison
Timothy Denison answered on Jul 26, 2018

You need to put that money in an ira ASAP. You also need to document where that money came from so you don’t lose it.

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Civil Litigation and Civil Rights for Louisiana on
Q: If a person with early signs of dementia went to succession trail and sued at the end?

motion to reinstate appeal denied

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 4, 2018

Your question is impossible to understand. Call a family law attorney if this is about an interdiction, or an estate planning attorney if this is about a succession.

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