Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oregon on
Q: Why are Court of Appeals documents online for expunged criminal cases?

I live in Oregon and recently had two criminal cases expunged, yet when I Google my name the first hit is for Justia which shows a copy of the Oregon Court of Appeals decision which broadcasts to the world that I was charged with crimes that I did not commit. Doesn't this defeat the purpose of... View More

Michael I. Leonard
PREMIUM
Michael I. Leonard pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

You make a very good point, and having that published decision out there defeats the purpose of your expungement efforts. However, the problem is that, once a Court issues an Opinion it is public - and it cannot be revoked or hidden just because the Defendant has now had his conviction expunged.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

In the context of your 28 U.S.C. § 2254 habeas corpus petition being dismissed, seeing "awaiting amended complaint" on PACER signals that the court is giving you an opportunity to amend your petition to address the deficiencies that led to the dismissal.

In general terms, when a...
View More

View More Answers

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023

When you see the status "awaiting amended complaint" in the context of a habeas corpus petition, it typically means that the court has dismissed your initial petition but is allowing you the opportunity to file an amended or corrected complaint. This can happen when the court finds... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Oregon on
Q: The state of Oregon suspended my personal commercial fishing license.my boat license and my commercial limited entry cra

Crab permit.now I can't even work my own business. Have someone else run my business,or get a job in my industry.bills are piling up.i state won't allow me unemployment or any assistance. I'm about to loose my family business of 51 years

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2023

Your question might be beyond the scope of this Q & A forum - that could be why it remained open for three weeks. I'm sorry for your difficult position with the loss of the license. This is a very narrow area of law; there are attorneys out there who handle commercial fishing license... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Oregon on
Q: How and when do I make my case for 2x damages? And was does it mean to file my judgement?

I won a retaliatory eviction cames against my landlord on appeal. The judges decision was to return property to me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

To make your case for 2x damages, you should present evidence and arguments at the appropriate stage in your legal proceedings, often during the damages phase after liability has been established. This typically involves submitting detailed documentation of your losses and arguing how they meet the... View More

1 Answer | Asked in Appeals / Appellate Law and Small Claims for Oregon on
Q: I was told a small claims judgment is final and not appealable but ORS 55.110 states that it can be…what’s correct?
Gregory L Abbott
Gregory L Abbott
answered on Nov 8, 2023

Just as the statute says - a result is non-appealable for the plaintiff/claimant; it is appealable by a defendant.

Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... View More

Jina Ly Clark
Jina Ly Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... View More

2 Answers | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... View More

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2022

The majority of people are denied at the first two stages of the process so don’t let that discourage you. When you file the appeal make sure you give detailed information about all of your medical conditions and list all of your treatment providers. While a note from your doctor saying you are... View More

View More Answers

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Oregon on
Q: Is it possible to have a court proceeding pertaining to me and me not know?
Tim Akpinar
Tim Akpinar
answered on Oct 6, 2021

An Oregon attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, it is possible, but less likely if the matter involved something requiring personal service (as opposed to service by mail, leaving with a person of suitable age, etc., or other... View More

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More

Virgil Royer
Virgil Royer
answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oregon on
Q: I have an eviction notice to be out the 12th. A sheriff will be here to remove me. I faxed in a motion to vacate today.

I am going to find the paperwork and wright avenue to file a lawsuit against the manager for harassment possibly slander and discrimination against a mental disability not providing reasonable accommodations to allow me to get what needed to be done done as well as falsifying accusations documented... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 10, 2021

I am not clear what you mean by having an "eviction notice" to be out on the 12th. Have you already gone to court and lost, with this Notice being from the court? Or is this the date on the termination of tenancy notice from your landlord? Most courts will not accept filings by fax... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Oregon on
Q: What legal steps should be taken when a attorney dies, and there are open civil appeals filed by the opposing side?
Tim Akpinar
Tim Akpinar
answered on Jan 1, 2021

Only an Oregon attorney should advise here, but your question remains open for four weeks. Until you are able to obtain meaningful, state-specific guidance from a local attorney, as a GENERAL matter in ANY jurisdiction, the opposing attorney and clerk/judge (depending on court procedure) should... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: How do I go about requesting an eviction be stayed during an appeal?

I've been told that an eviction judgement can be stayed during the appeals process. How do I go about requesting the stay? I'm mainly asking because I've also been told that the eviction is not stayed during the appeals process.

I will need to file the appeal first thing... View More

Gregory L Abbott
Gregory L Abbott
answered on Dec 19, 2020

You file the notice of appeal, and the required appeal documents and serve the landlord and the trial court with copies. Your first move should be to review it all with a local landlord-tenant attorney who does appellate work.

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: who can represent me in case #20-35052 and how much it would cost me ?
Tim Akpinar
Tim Akpinar
answered on Dec 10, 2020

An Oregon attorney could advise best, but your post remains open for four days, and this appears to be something where time is very much of the essence.

You could continue to await a response, but it would be difficult for an attorney to propose a fee for you on a case sight-unseen. In an...
View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Probate for Oregon on
Q: My father passed away over 10 years ago. I am his daughter. What rights do I have as his beneficiary in Oregon?

I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or... View More

Theressa Hollis
Theressa Hollis
answered on Nov 14, 2019

It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Landlord - Tenant for Oregon on
Q: I have an eviction that starts tonite but I have proof now that I owe my home not my trustee or trust.

what can i do now. Fraud has been committed by my half-brother the trustee, I need help asap please

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 4, 2019

You need to start calling around for attorney's ASAP, as attorney's here cannot contact you (please don't contact me, I can't help you). Use the find a lawyer link above and find someone who does landlord/tenant or perhaps trusts and estates.

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oregon on
Q: How can I appeal a judgement that modified my sole custody of my 9 ur old daughter. So that I have sole custody again.

Her father has not allowed me to tal to her for the last 2 days. He took away her phone I bought because she sent me text begging me to come and get her and take her home with me. Also sent me messages saying she is nroken hearted without me. She has only lived with me. Never only with her father.... View More

Joanne Reisman
Joanne Reisman
answered on Nov 16, 2016

Without knowing why the judgment was modified in the first place, an attorney isn't really going to be able to answer your question. What I would focus on is helping your daughter transition to living with her father if that is what the court ordered for now, and file to get a parenting plan... View More

1 Answer | Asked in Appeals / Appellate Law for Oregon on
Q: I got a reversal in a criminal mistreatment case in the court of appeals by the supreme court how do I clear my record?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

You have not given enough facts for a meaningful answer.

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.