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Louisiana Appeals / Appellate Law Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Louisiana on

Q: Can I file a motion of intent to appeal in the district court and it be a suspensive appeal regarding a custody case?

The judge revoked my medical rights and ordered a medial procedure for my daughter without prior testimony and the prodecure will likely cause harm. Is there a way I can suspend the effects of just that part in the ruling until an appeal can be ruled?

Douglas Lee Bryan answered on Oct 11, 2017

Appeals in custody cases are generally devolutive, not suspensive. However, there is a procedure available to take an emergency appeal under limited circumstances, which provides for an expedited review by the appellate court. Time is limited, however, so you should consult with an attorney ASAP.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on

Q: My brother was wrongfully arrested by the bossier parish sheriff's office on the account of affiliation with the suspect

He was only arrested on the fact that the place robbed was my dad's workplace and the actual criminal who did it had a previous crime committed with my brother they arrested my brother fully on the account of affiliation what do i do.

Glenn B. Manishin answered on Apr 20, 2017

Bail him out and hire a criminal defense lawyer. If the "probable cause" for arrrest was as flimsy as you say, the charges should be dropped or reduced to a misdemeanor by the prosecuting state attorney. Handling a criminal case "pro per" (without counsel) is a recipe for disaster.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Louisiana on

Q: Should a judge recuse themselves if they were once your attorney on a previous case?

The judge presiding over my husbands case was his attorney on a previous charge. He was convicted and sentenced to armed robbery and poss of a firearm by a convicted felon. They then added the habitual offender enhancement in which he was sent to 99 yrs w/o benefits. The judge did recuse himself... Read more »

Paul Stanko answered on Sep 22, 2016

Having been a judge, I can tell you that judges are presumed to be unbiased. If your husband was represented by counsel (and I assume he was), his attorney should have asked for recusal if he thought there was bias. If the judge then denied a request for recusal, that could be appealed to a higher... Read more »

1 Answer | Asked in Appeals / Appellate Law for Louisiana on

Q: How long do i have to file an appeal to a case in Louisiana in regards to parental rights temanation?

The state of Louisiana took my 2 children away from me for unfounded reasons, and i am trying to figure out how long i have to file an appeal now that i am living in a different state

Robert Jason De Groot answered on Nov 11, 2015

Probably 30 days.

1 Answer | Asked in Appeals / Appellate Law for Louisiana on

Q: Child support appeal. I live in Virginia children live in Louisiana. Could not go. Ruling made now what? Max $$ demanded

Robert Jason De Groot answered on Nov 9, 2015

You asked now what about 2 years ago. An answer now will not help.

1 Answer | Asked in Appeals / Appellate Law for Louisiana on

Q: How long before you hear about decission on post conviction relief

Robert Jason De Groot answered on Oct 22, 2015

No facts given basically means that the answer can only be a guess, and if you have not heard yet, perhaps soon.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Louisiana on

Q: My fiancee has a very good strong case of multiple civil right infractions he needs a good lawyer to win his case lawsui

Due process not followed, never finger printed threatened at gun point, taken over state line without proper documentation and much more. He's served 2 years already and was recently sentenced to 9 years, he's filed for appeal and needs help.PLEASE!

Robert Jason De Groot answered on Oct 8, 2015

Perhaps the American Civil Liberties Union, the Innocense Project, or the Southern Poverty Law Center can help. Contact each and find out.

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