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New Mexico Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court
Glenn B. Manishin
Glenn B. Manishin answered on Feb 10, 2017

If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: I am trying to appeal a case and the lawyer for the case does not want to take it. What can I do

I asked him to write a letter dismissing himself and hasnt done that and thats the only way I can file and the clerks office. I deep need of some help!!

Glenn B. Manishin
Glenn B. Manishin answered on Jan 20, 2017

In most states you can represent yourself "pro se" unless a corporate entity is the party. In New Mexico you are allowed to do so on appeal under Rule 12-302 NMRA. Since the lawyer has not withdrawn, file the notice of appeal (and pay the filing fee) yourself under Rule 12-201 NMRA, including in... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: Won civil case ex landlord owes 662 for not complying with state law she appeal to same judge do we go back to court
Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

That was probably a motion for rehearing.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How do I file a response to an appeal?

Someone filed an appeal for my order of protection case. How do i file d a response? What form do i use?

Robert Jason De Groot
Robert Jason De Groot answered on Nov 9, 2015

Find an attorney, not a form.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: I received an 'Order of Nondetermination'. Where do I go to appeal this Order?

I need to file a notice of appeal. Where can I get a form to start this process?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 28, 2015

It is probably way too late to answer this question.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How soon after an appeal is filed can you get an appeal bond
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Ask your appellate attorney this question. Or have you found an answer to it?

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: My husband is incarcerated and his attorney was not present, what is the best way to go about an appeal?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

You needed an attorney to answer this question back when you asked it. Appeals are quite limited. There may not have been grounds to appeal, but only an appellate criminal defense attorney who has read the entire transcript and who knows all the facts can assist. Still, there might be a chance at... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How do I file a response to an appeal?

Restraining order case. I have looked all over the court sites for a form. Not sure where to find one. I need to respond to an appeal for the ruling of a restraining order.

Attorney Timothy Alan Provis
Attorney Timothy Alan Provis answered on Dec 18, 2013

There is no form for a response to an appeal in any state. After the notice of appeal is filed then briefs on the legal issues must be filed. The appealing party's brief is due first. If you have received such a brief, then you must file an answering brief. If you don't think you can write such... Read more »

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