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Louisiana Appeals / Appellate Law Questions & Answers
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
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
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
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
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
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
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
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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