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Ohio Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for Ohio on
Q: i Need help with a divorce case and a second option on an appeal process. And husband not following court orders.

My husband hasn’t paid the house in a year I do have a court order he has to pay it along with spouse support he hasn’t paid me either.

My lawyer is filing an appeal on the divorce decision and we ha t signed the decree yet.

We had trial in October 2017

And today he... View More

Joseph Jaap
Joseph Jaap
answered on Mar 8, 2018

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.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: DOES THE BRIEF, AND /OR MOTION NEED TO BE SIGNED, AND/OR NOTORIZED IN THE 8TH DISTRICT COURT OF APPEALS?
Matthew Williams
Matthew Williams
answered on Feb 20, 2018

It needs to be signed. Any affidavits included with it would need to be notarized. But, the brief itself does not.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: CONCERNING FILING A BRIEF OR A MOTION IN THE 8TH DISTRICT COURT OF APPEALS.

IF BOTH THE MAGISTRATE, AND THE REGULAR JUDGE RULED AGAINST ME, AND I LOST MY CASE AM I THE APPELLEE, OR THE APPELLANT WHEN FILING BRIEFS, OR MOTIONS IN THE 8TH DISTRICT COURT OF APPEALS?

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 19, 2018

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... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Ohio on
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?

I HAVE TO WRITE, AND FILE A BRIEF AFTER FILING A NOTICE OF AN APPEAL. I FILED THE NOTICE OF APPEAL AFTER THE MAGISTRATE JUDGE, AND THE REGULAR JUDGE RULED AGAINST ME CONCERNING A MODIFICATION OF CUSTODY AND VISITATION THAT I FILED.

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2018

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... View More

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is reconsideration of appeal dismissal routine? affidavit was not filed due to the case unavailability on line.

My appeal should prevail under normal court conditions but this is a tad strange

Matthew Williams
Matthew Williams
answered on Feb 12, 2018

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.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Ohio on
Q: I had a judgement made that I want to dispute. Can I do anything and if so what?

I had a judgement in Ohio in 2016 for an easement allowing a group of individuals access to their property that they had previously land locked themselves from. I never agreed to an easement and they are now causing damage to my drinking water. Is there anything that I can do? How long do I have to... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Nov 12, 2017

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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Ohio on
Q: I want to know if it is legal for the courts to add a charge to a case in the middle of trial?

My brother was just convicted of a charge that was added a trial that his lawyers agreed to without my brothers consent in the middle of trial. He is in jail for something that he wasn't originally being charged of. This is his first offense he never did anything wrong and now he awaits his... View More

Matthew Williams
Matthew Williams
answered on Mar 6, 2017

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... View More

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: What is a good basis for a delayed appeal to the Ohio Supreme Court?
Matthew Williams
Matthew Williams
answered on Jan 21, 2017

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,

2 Answers | Asked in Appeals / Appellate Law for Ohio on
Q: Can I file a second motion for reconsideration in the appellate court in Ohio?

Sixth District Court of Appeals. Case No: OT-15-015

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

No, you are just allowed one motion for reconsideration.

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Ohio on
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,

Friend is a felon, shot gun in home. Where he stayed and got mail, no one hit, case was dismissed by judge , now he has warrent, can he beat it? Any dismissed when looked up, let out on DFR.

Matthew Williams
Matthew Williams
answered on Dec 14, 2016

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... View More

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Ohio on
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?

I was following the traffic and for sure did not go 90, it was 84 or 85 pulled over in Ohio

Barry E. Janay
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answered on Sep 6, 2016

You can fight this, no guarantee you can win... Was the ticket issued in NY?

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on
Q: What will an appellate court think of the cell phone images of bruises on "someones" legs used as evidence against me?

No face shown in the photos.

No time and date stamp

No file info

Literally, the cell phone itself was brought into the courtroom. I can't believe I didn't object, there's no way I created these injuries...I don't even think they were her legs.

Matthew Williams
Matthew Williams
answered on Aug 20, 2016

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... View More

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Ohio on
Q: After being charged with a DV, how long after being charged do you have to appeal the charge?
Matthew Williams
Matthew Williams
answered on Feb 26, 2016

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... View More

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: What do sixth circuit means in federal court
Matthew Williams
Matthew Williams
answered on Dec 20, 2015

It's the federal appellate court with jurisdiction over the district courts in Ohio, Michigan, Kentucky, and Tennessee.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Where can I find an example of a Motion to Release Supersedeas Bond?

The firm I work for filed an appeal on a judgment that was rendered against our client. Our client paid a supersedeas bond and now we are trying to get it back from the court.

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

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.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: If I'm 16 years old and my boyfriend is 18 and I'm pregant can I move out? Without my parents.?
Matthew Williams
Matthew Williams
answered on Jul 29, 2015

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.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: If someone wins an appeal is there grounds for a cash settlement?

odys

Matthew Williams
Matthew Williams
answered on Jun 10, 2015

Depends upon the appeal.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: when an appeal answers sustained to assignments of error, is that good or bad for appellee?
Matthew Williams
Matthew Williams
answered on Nov 25, 2014

That's good for the appellee. It means the court agrees with the assignment of error. It's practical effect depends on the issue.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: Appeal on drug charges and property being forfeted
Matthew Williams
Matthew Williams
answered on Nov 1, 2014

You have not asked a question. If you are planning to appeal a drug conviction and/or resulting property forfeiture, you should retain an attorney. Appeals are highly technical. You stand little chance pro se (on your own).

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: I have a few questions regarding a court of appeals case of the sixth circuit
Charles Snyderman
Charles Snyderman
answered on Jan 30, 2013

Please ask the questions.

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