Ohio Appeals / Appellate Law Questions & Answers

Q: CAN I GET A LEGAL MALPRACTICE ATTORNEY CONCERNING NEGLIGENCE FROM A COURT ORDERED APPEALS ATTORNEY?

1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for Ohio on
Answered on Oct 8, 2018
Matthew Williams' answer
Please don't write in ALL CAPS. It's hard to read. It sounds like the appellate court did one of two things: (1) found that there was no final appealable order, or (2) indicated that without findings of fact and conclusions of law, they didn't have a sufficient record to overturn the trial court and affirmed. If it's (1), then you need to go get a final appealable order and appeal again. If it's (2), you're probably out of luck. Determining whether you're attorney is at fault would necessitate...

Q: If the County job and family services says I owe them money but can't provide proof of money being owed to them

1 Answer | Asked in Family Law, Appeals / Appellate Law, Arbitration / Mediation Law and Child Support for Ohio on
Answered on May 14, 2018
Joseph Jaap's answer
Do you have documents that show you paid the amounts they say are due? Were the amounts you paid listed on your tax returns, payroll deductions, or bank statements? If their records show you owe money, even if they don't have full documentation of that, you might have the burden to prove that you made the payments. Otherwise, you could be ordered to pay again. Use the Find a Lawyer tab and retain a local family law attorney to assist you.

Q: If in incarcerated kn the state of ohio and I already have a lawyer,can I hire an additional lawyer to work my appeal?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on May 10, 2018
Matthew Williams' answer
You can hire as many lawyers as you wish... what chance you have is a totally different question

Q: i Need help with a divorce case and a second option on an appeal process. And husband not following court orders.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for Ohio on
Answered on Mar 8, 2018
Joseph Jaap's answer
The divorce process and legal system can be frustrating and slow. You have a lawyer, so discuss this with your lawyer. But the lawyer must follow the legal process, as slow as it is, and not much can be done to speed anything up.

Q: DOES THE BRIEF, AND /OR MOTION NEED TO BE SIGNED, AND/OR NOTORIZED IN THE 8TH DISTRICT COURT OF APPEALS?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Feb 20, 2018
Matthew Williams' answer
It needs to be signed. Any affidavits included with it would need to be notarized. But, the brief itself does not.

Q: CONCERNING FILING A BRIEF OR A MOTION IN THE 8TH DISTRICT COURT OF APPEALS.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Feb 19, 2018
Robert D. Kreisman's answer
If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just too many hurdles to get over that would prejudice your effort. It's tough enough for lawyers to do federal appeals without failing in one of the many procedural requirements that if not met, will...

Q: IF I PREPARE THE BRIEF WRONG, OR DO NOT FILE A BRIEF WILL I STILL BE ABLE TO GO TO THE NEXT STEP IN THR APPEALS PROCESS?

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Ohio on
Answered on Feb 15, 2018
Joseph Jaap's answer
There is a specific process and time limit for filing an appeal. If not done properly, then the opportunity for appeal is lost. Since a magistrate and judge have both ruled against you, without an attorney to assist you with an appeal, a successful appeal would be difficult. Use the Find a Lawyer tab to retain a local family law attorney, or check with any local legal assistance clinics, legal aid, or law school legal clinics.

Q: is reconsideration of appeal dismissal routine? affidavit was not filed due to the case unavailability on line.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Feb 12, 2018
Matthew Williams' answer
I wouldn't call it routine. It's hard to give you much advice based on what you've posted here. But, you really ought to be working with an attorney. Appeals are very technical and appellate courts don't have a lot of patience with litigants who don't follow the rules and procedures to the letter.

Q: I had a judgement made that I want to dispute. Can I do anything and if so what?

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Ohio on
Answered on Nov 12, 2017
Bruce Martin Broyles' answer
You can file an appeal from a trial court's order within thirty (30) days. The better way to approach this may be to sue to have the easement vacated or to sue for damages caused by an enlargement of the easement.

Q: I want to know if it is legal for the courts to add a charge to a case in the middle of trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Answered on Mar 6, 2017
Matthew Williams' answer
Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another charge is more appropriate, the indictment may be amended, the jury may be instructed to include the offense in their deliberations, a superseding indictment may be filed, or a new case may be filed.

Q: What is a good basis for a delayed appeal to the Ohio Supreme Court?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Jan 21, 2017
Matthew Williams' answer
There is no good basis for a delayed appeal. I have argued that the court has made sure there is no such thing, and I have lost. A delayed appeal without truly new evidence is a thing primed to die,

Q: Can I file a second motion for reconsideration in the appellate court in Ohio?

2 Answers | Asked in Appeals / Appellate Law for Ohio on
Answered on Jan 21, 2017
Brian Lehman's answer
No, you are just allowed one motion for reconsideration.

Q: Friend got jumped in bed by two men bigger then him sleep in bed with 4 month old son and my 3 yr son, friend a felon,

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Ohio on
Answered on Dec 14, 2016
Matthew Williams' answer
This case was almost certainly dismissed from municipal court and indicated in county court. That procedure causes a lot of confusion with folks thinking the case has been dropped when it is really just being transferred to the felony court. It sounds like a tough case to "beat" but that doesn't mean the outcome cannot be improved. Your friend should get a lawyer.

Q: Hi,pulled over with a MA license,saying I was driving 90 in a 70,issued a $160 ticket.How many points? How can I appeal?

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Ohio on
Answered on Sep 6, 2016
Barry Eran Janay's answer
You can fight this, no guarantee you can win... Was the ticket issued in NY?

Q: What will an appellate court think of the cell phone images of bruises on "someones" legs used as evidence against me?

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on
Answered on Aug 20, 2016
Matthew Williams' answer
If you didn't object to it at trial, they probably won't think anything at all of it. Appellate courts do not reconsider evidence. They might consider its admission into the record, if someone objected to it being admitted, but it sounds like that didn't happen. This is why you need to be represented by an attorney in any case.

Q: After being charged with a DV, how long after being charged do you have to appeal the charge?

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on
Answered on Feb 26, 2016
Matthew Williams' answer
The time for appeals begins to run after you are convicted and sentenced, not after you've been charged. You cannot appeal a charge. If you have been convicted and sentenced, you are supposed to file a notice of appeal within 30 days, but can generally get an extension if its your first go at the appeal.

Q: What do sixth circuit means in federal court

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Dec 20, 2015
Matthew Williams' answer
It's the federal appellate court with jurisdiction over the district courts in Ohio, Michigan, Kentucky, and Tennessee.

Q: Where can I find an example of a Motion to Release Supersedeas Bond?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Oct 18, 2015
Robert Jason De Groot's answer
Perhaps in a pleading and practice forms manual. You may have to go to a local law library for that. Try to get one that is for your state.

Q: If I'm 16 years old and my boyfriend is 18 and I'm pregant can I move out? Without my parents.?

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Answered on Jul 29, 2015
Matthew Williams' answer
I feel like I've seen this question before. If you are 16, you are a minor. You cannot move out without your parent's permission.

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