Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2017
You can appeal any decision, but getting your appeal heard is another story. A writ of certiorari may be required and the appellate court can deny the appeal if at the outset they determine there were spurious grounds for appealing. Get the decision reviewed by a competent attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2017
Depends. If it's a de novo review you probably want to stick with the attorney you've been working with since he has all of the trial facts and can tweak things, if it's only reviewing a specific narrow ruling you may want to find an appellate attorney with experience on that issue of law.
As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2017
Hire an attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2017
No, not unless you get a "de novo" review, which is unlikely without a compelling reason as to why the new evidence was not presented at the lower court level.
A scheme to defraud distributee. Will was stolen by relative and deceased signature was copied online to add his name on an investment account left to sibling. Case dismissed due to not having original document.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2017
You can appeal the dismissal, a lower court judge, such as a surrogate's court judge, cannot deny you the right to appeal. I'd need to see the documents you are referring to in order to give you a more thorough analysis.
A family member of mines was blackmailed into pleading guilty by the DA as they told him if he did not plead guilty they would have indicted him on a new charge. As he had been through horrific ordeal since his incarceration such abuse by correctional officers, attacks from inmates and improper... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2017
a) that's not blackmail, that's part of a plea bargain
b) abuse from correctional officers should be brought up with a civil rights attorney, which you can reach out to me for a referral, I know a terrific one.
c) He did not "have to plead guilty."
answered on Jul 18, 2017
This is too vague to answer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More
I quit my job due to harassment and filed for unemployment. Originally, I was denied, so I filed for a hearing. The employer did not show up, but I stated my reasons and was granted unemployment.
A few weeks later, I was sent a letter that the employer contested. I attended the second... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2017
The employer can appeal, but probably won't waste the time and money doing so.
there were no outstanding bills from any medical corp.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2017
More information is necessary, ask your attorney for the appellate court's decision.
The CA affirmed and the S. Ct denied cert, but the lower court later amended the judgment as a clerical error. What is the effect of such a judgment
answered on Jun 6, 2017
Only one court has jurisdiction of a case at any one time.
If all the appeals and cert. Denial occurred before the lower trial court amended due to clerical error then courts retain jurisdiction to amend for good cause. It was their case to begin with.
If the lower court did it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2017
Appellate courts have some discretion over what cases they hear, but generally if there is believed to be a manifest error by the trial court in their application of the law an appeals court will hear the case.
I have legal standing and a very strong argument to challenge the constitutionality of a NY statute. My attorney says I can't challenge the law in the Supreme Court, and that my judge must apply the law as written. She says I must go to another court but doesn't know which one. I think... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2017
A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
My girlfriend's step-brother was dating a woman with a daughter who is now 14. The mother passed away so the daughter now lives with her father. She wants to live with us because she feels better being here. Her home life is not the best because her father is an alcoholic who is verbally and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2017
The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...... View More
I'm trying to get a better understanding of these cases a someone whose not a law student. From what I understand, obscene material is determined to be so (Roth decision) when it meets only one of the three prongs ( a. whether "the average person, applying contemporary community... View More
answered on Apr 27, 2017
See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
Slip and Fall accident on the landlord property September 2014. ORIF Surgery. 12 weeks off work. Had a lawyer working on my case. The judge dismissed the case as there were not enough evidence to prove negligence. I believe that guardrail could have prevented me to go on the slope where I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2017
An appellate attorney, look for one that has experience in personal injury cases. Appeals can be very expensive.
that the trial court decided?
answered on Apr 12, 2017
Appeals courts review questions of law from scratch (called de novo, in Latin) and only facts determined by an abuse of discretion. If you disagree with the law, that is enough. If you disagree with the facts, it has to be a clear error of reviewing evidence, and not just a judgment call.
the case was granted for answer and the court granted the defendant with 30 days to file the answer, while arguing the case the defendant used another case that I file against another party at federal court the defendant had exact copies of the paper work file at federal court..
1-is it... View More
answered on Mar 23, 2017
Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
answered on Mar 18, 2017
What kind of rating? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More
answered on Mar 18, 2017
As long as you are within the time allowed, appeals are as of right from final determinations. But beware, the deadline to file is absolute.
I am going through a divorce and signed a settlement agreement. The divorce has not been finalized yet. I have had an unforseen extreme change in circumstances healthwise where I will no longer be able to work due to an accident, and so requested maintenance which I had given up in the settlement... View More
answered on Feb 26, 2017
The settlement agreement is a contract and is governed by contract law. The contract can be voided under very limited circumstances, such as duress, undue influence, under age of majority at the time of signing. The bargained for agreement cannot be undone. So, the judge correctly denied your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
