Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
answered on Jan 11, 2021
Attorneys helping pro se litigants is generally regarded as normal and acceptable. The prospects for obtaining free legal support could depend on the matter at hand, and the financial means and position of the litigant. Every case could be different. Good luck
Tim Akpinar
The NY State court decided in favor of the other side, appeal pending. Court ordered that funds held in escrow be turned over to satisfy judgment before appeal is heard. Can this turnover order also be appealed? Will that keep funds in escrow until appeal is decided?
answered on Dec 11, 2020
First, I am not a New York lawyer. That being said, what the appealing party should do is file a motion for stay, in either the trial court or the appellate court. The fact of an appeal doesn't automatically stay the judgment appealed from-- for that you need a motion for (a) stay.
For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... View More 
answered on Dec 7, 2020
Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to... View More
answered on Nov 15, 2020
It could depend on what the matter involves. If it is something other than admission, retention, guardianship and other MHLS-related matters, a family member or friend could look into whether a private counsel could be arranged. Good luck
Tim Akpinar
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... View More
answered on Oct 29, 2020
Consult with a defense attorney as the facts dont appear clear here.
You can lower your jail time for good behavior.
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended and broke. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to... View More
answered on Oct 29, 2020
Typically they can only change a promised sentence if there's a change in circumstances. Was there a written agate? Oral? Did the judge take the plea and was the defendant promised a sentence and then change it based on new findings?
Need more facts. Id ask assigned counsel
520.14 for a waiver of strict compliance with 520.6. I have a dual degree from Ireland
answered on Oct 15, 2020
First, I am not a New York lawyer. That being said, I would think your first avenue of appeal would be to the New York committee or the New York lawyers who conduct the NY bar exam. In Maryland, that would be the State Board of Law Examiners, overseen by the Court of Appeals or the Administrative... View More
I've been waiting since Feburary 2018 for an answere from federal district court of Buffalo ny. My Lawyers office refuses to answere why it's taking so long.
answered on Aug 11, 2020
Your attorney knows the case better than any speculation that can be offered out here. It could depend on the type of case, and some appeals could take time, particularly if there is a difficult issue on which a higher court is not eager to overrule a lower court. Good luck
Tim Akpinar
I've been waiting 2 yrs 6 months for federal district appeal. Total 6 and a half yrs on claim.
answered on Aug 2, 2020
It usually doesn't take that long. Perhaps you should file a motion or send a letter to the judge requesting a prompt decision, and include the dates of the case.
answered on Jul 28, 2020
Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.
answered on Jul 27, 2020
This requires more information and a more detailed look at your specific situation, including what type of immigration status or matter you are dealing with, what you were denied for, where you appealed, and the circumstances around that. If you had an attorney help you file the appeal, you should... View More
answered on Jun 25, 2020
It depends. If the appellate court sent the case back with instructions to do such-and-so, and the lower court did not follow those instructions, I would say yes.
Seeking legal advise but months later there is still no response on here.
answered on May 10, 2020
Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.
answered on Feb 22, 2020
An attorney would need to know more about the matter on which you seek an appeal. You could repost and add some additional information (without including personal information) as to what the matter involves - general litigation, medical claim, employment, etc. Good luck
Tim Akpinar
I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?
answered on Feb 7, 2020
Yes the bankruptcy stops the appeal.
A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.
is it to late to get a attorney involved
answered on Jan 28, 2020
You might try a law school clinic which allows law students to learn while helping clients who lack the legal skills necessary to uncover evidence which may have been misinterpreted or not addressed. Of course if the evidence was not introduced into the record that will be problematic.
Your... View More
I would just like to see what a typical brief looks like (table of contents wise) so I know how to organize my argument. Thank you.
answered on Jul 22, 2019
Search at scholar.google.com. You'll get plenty of examples!
He had taken a plea and was sentenced this past November. His plea was 63-78 and was given 96 months. He filed for an appeal and now I feel we're at a roadblock because Im not sure what his next move is. His lawyer has barely communicated since sentencing. He's still in holding in MDC... View More
answered on Jan 22, 2019
You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
In a Decision and Order in an Article 78 case, the court granted respondent's Cross-Motion to Dismiss my Petition for failure to state a cause of action and, apparently sua sponte effectively converting the Cross-Motion into a motion for summary judgment, denied the Petition, as well, without... View More
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