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North Carolina Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Adoption, Appeals / Appellate Law, Constitutional Law and Education Law for North Carolina on
Q: How long did it take you to become a lawyer?

specifically, how long you were in school and what classes you took.

Tim Akpinar
Tim Akpinar answered on Apr 24, 2019

It's generally 3 years full-time, or 4 years part-time at night. Some schools have accelerated programs. Depending on the institution, you take mandatory core courses that generally include contracts, torts, constitutional law, property law, criminal law, wills/trusts, legal writing, negotiable... Read more »

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for North Carolina on
Q: Is it illegal to make a right turn on red at a railroad stopping when no sign indicates the contrary and no train

No train in sight or signal

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 2, 2019

In North Carolina, just like making a u-turn, you are allowed to turn right on red if it is safe to do so and not marked that you can not do so.

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for North Carolina on
Q: Does an appeal in a bankruptcy keep the automatic stay

I’m about

Timothy Denison
Timothy Denison answered on Oct 30, 2018

Yes.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I have 2 misdemeanors that I need to get expunged both took place in Elizabeth City, North Carolina.

Both charges occurred in

City:Elizabeth City, State:NC

I currently live in Las Vegas , Nv

#1 Offense Date: 5/7/11 ( age:19)

Conviction Date:9/29/11- POSSESS SCHEDULE VI (PRINCIPAL) MISD.CLASS 3 MISDEMEANOR SS. Was on probation but Served 10 days in jail... Read more »

Bill Powers
Bill Powers answered on Aug 6, 2018

Thanks for your inquiry.

We normally take a look at the official record before we comment on availability. That's because sometimes things are different in the official record than people understand or recall.

Danny Glover is Elizabeth City is excellent. Here's his contact info:...
Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for North Carolina on
Q: During my divorce my ex claimed he earned a certain amount and couldn’t afford alimony

6 months after the divorce he bought new furniture, new truck , vacations , and is spending alot of money on his next wedding. Can I subpoena his financial forms from the sale of his new truck to prove he lied about his income during our divorce? Is there some way I can get the courts to compare... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 3, 2018

Is there some way I can . . . (fill in the blank with what ever legal issue you have). Yes, there is - hire an attorney who knows what they are doing. If you had transmission trouble and you aren't a mechanic, you'd never think to yourself, you know what, I'mma pull that sucker out and fix it... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for North Carolina on
Q: What if the court of appeals reversed the superior courts decision . Whats the next step.
Bill Powers
Bill Powers answered on Jul 23, 2018

GREAT QUESTION

In large measure, it depends on what the Court of Appeals Orders. It may send it back to the Superior Court (or District Court if a Family Law legal matter) for further findings. It may result in a re-trial. It could result in the imposition of a Judgment and it could end...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: NC statue 15a-1345 section 5

My roommate on probation I carry a gun her p.o requires her to move I'm disabled and need the help she provides can I get such an order for her to live in a house where some one else is armed ,

Bill Powers
Bill Powers answered on May 21, 2018

More information is likely necessary to answer the question. It SEEMS like the inquiry is whether the Probation Officer can require the person on probation to live somewhere where there aren't guns.

That's certainly an interesting fact-scenario, especially nowadays, when unrelated people...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for North Carolina on
Q: I need the 1984 N.C.FAIR SENTENCING ACT n.c. GEN. STAT. & 15A-1340.4(1983) N.C. GEN. STAT.& 14-1.1(1981)

I need to print this out but can't find it

Will Blackton
Will Blackton answered on Sep 25, 2017

For N.C. Gen Stat. 15A-1340.4 (1983):

Go to the NC Gen. Statutes on the State's General Assembly website: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Find the modern 15A-1340.4, which has been repealed:...
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for North Carolina on
Q: violated dui probation with another dui

(Gastonia, NC)i received a dui while i was on probation for a previous dui, i was violated and in court the judge revoked my probation and sentenced me to the 12 month that was deferred, my lawyer appealed the verdict and is sending it to superior court, waiting on a court date...what can I... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2016

First, lets get terminology straight. In North Carolina it is Driving While Impaired or DWI not DUI. If you got 12 months of active time on the first DWI that you were on probation for then it is very likely that DWI was not your first and / or was a higher sentencing level than your average... Read more »

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1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: If a State that you want to relocate to rejects your Frederal Probation transfer to move to that state can you appeal it
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

Probably not, but we do not know enough facts, and you needed an attorney back when you asked this question.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: If N.C. Probation regects a Federal Probation transfer to relocate to there state is there a way to appeal it? & how ?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

You needed an attorney back then. When you ask a question on a forum like this, it is understood that you need to actually seek out legal advice from an attorney.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: My brother has been charged with murder could he get an appeal in the state of North Carolina
Robert Jason De Groot
Robert Jason De Groot answered on Oct 21, 2015

This was asked well over a year ago. When you need legal advice, you need to go get it from a local attorney instead of waiting for someone to answer a question. I hope you have found an answer to your question. Basically, appeals are very limited.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: do i need a lawyer to appeal from federal appeals court to supreme court?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Yes, if an appeal is even possible.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: are copies of depositions in federal appeals court cases available?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Were they transcribed and made a part of the record?

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: After you have been sentenced is it possible to hire a new lawyer if you feel your court appointed lawyer didn't try

If you feel like the court appointed lawyer didn't do all that they could have is it possible to hire a new lawyer and get back into court

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

Yes, but that depends upon the actual facts, and there may be post conviction relief available. In order to find out, you have to have a full discussion with a private criminal defense attorney.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: what made the government appeal people v. jennings
Robert Jason De Groot
Robert Jason De Groot answered on Sep 25, 2015

Usually, the government will appeal an adverse ruling on a motion to suppress or a motion to dismiss. You can do an internet search for this case and read it yourself, can't you?

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Elder Law for North Carolina on
Q: How to get a New Trial in the NC Supreme Court when the Court of appeals has been deceived by a lower civil court case?

03cvd6867 the initial case of Civil & Marital Rights Violations by Power of Attorney Abuser and Attorney Misconduct. Evidence of Truth wrongfully withheld. False testimony given to deceive Jury and NC Court of Appeals 398P08.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 16, 2015

Appeals are quite complex and appellate courts do not hold new trials. So, the best thing to do is speak with your appellate attorney.

1 Answer | Asked in Appeals / Appellate Law for North Carolina on
Q: How would I present a winnable writ of certiorari on grounds of failure to preserve evidence in biological matter?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2015

You hire the best appellate attorney you can find. You stand virtually no chance of being granted cert. by doing this pro se.

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for North Carolina on
Q: To get a Civil appeal tolled, what does tolled mean?

NC Rule 59 Motion for new trial.

Robert Jason De Groot
Robert Jason De Groot answered on Aug 12, 2015

Basically, it means suspended.

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