Texas Appeals / Appellate Law Questions & Answers
Q: If I'm on probation and get a violation I didn't go to court for it my probation officer and his supervisor told me that
They we are going to send you to this program in Beaumont for 3 months. They told me to turn myself in to the county but let me go home that day for 2 weeks but I would have to turn myself in to county on 6/3/19 and the time I sit in the county jail waiting for a bed to come open doesn't count.... Read more »
No, it isn't like double jeopardy. That is when you are put on trial twice for the same alleged offense.
In this situation, you committed a crime but, instead of being locked up, you were given a second chance where you were allowed to do community service instead. Except you didn't... Read more »
Q: Is non-compete likely enforceable?
I am an associate dentist in Texas. I signed a do-not-compete with my previous office (a DSO) for 10 miles for 2 years after leaving (It has now been ~1/2 yr). I left due to the company trying to move me into another office (I did not agree to this per the contract) after working there ~1 year. The... Read more »
You have raised several important facts that may enable you to avoid the larger issue altogether. Hire a local lawyer in San Antonio and ask them to tell you if the way you were treated under the written employment agreement is bad enough to support a case of breach; if it is, have your lawyer try... Read more »
Q: How do I appeal a case where the police seized my truck and was granted the motion
Your post doesn’t contain enough info to properly determine what is going on in your situation.
Q: Say a CPS investagtor lies in their affidavit and there is proof but no one will listen to you what do ubdo
And they took the children for the mother moving back in families home and signing a non prosecution affidavit. They interviewed two kids at school without recording it and consent. Their forcing my wife to divorce me to get her kids back even though they have no evidence to keep doing this
The answer is that you hire an attorney to represent you for guidance and direction. Your answer is not a simple one. To take legal advice from one who has just only read your facts is problematic. Consult an attorney with your proof of your allegations.
Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go... Read more »
Q: Can you appeal a small claims court decision?
Yes. Such appeals go to the county court at law (if such a court exists in your county).
Q: Ineed to know if I u can get a inmate classification changed and sentenced reduced .she got 14/yrs for aggravated assaul
Don't think she got good representation.she did violate her probation.too many it's in her hearing.please help
You discuss two separate issues, and unless you are a licensed attorney, there is not much you can do other than retain an attorney on your friend's behalf. Since judgment has already been entered, try contacting the Innocence Project. Good luck.
Q: Can a person charged with first-degree murder in 199,still be held in prison under the anti-terrorism death penalty Act.
My uncle convicted in 94,affirmed in 95..no further proceedings due to Anti Terrorism Act. Is this still applicable...
You should contact the attorney who represented your uncle and ask specific questions about his case. I cannot comment because I don't know his sentence, nor any other facts regarding his situation. Good luck
Q: Who generally pays for writ of habeas counsel (inmate, family, both)? What is the average hourly charge?
I am a Texas 2L doing an online survey project. All answers appreciated, regardless of the state.
Thank you.
I believe if it is filed to set bail the inmate's counsel files it and if the inmate is indigent the filing of the writ is not initially paid for, similar to when there is no payment between an indigent inmate and appointed counsel. If the inmate hired an attorney, I believe $150 per hour would be... Read more »
Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.
I have been employed with United Healthcare since 2009 a new supervisor was transferred to our company from Florida. I received a letter stating I will be terminated as of 4/2/18 even though I did not voluntarily quit. My insurance was all so cancelled I am still under psychiatric care due to I had... Read more »
Mental trauma injury is not covered by workers' compensation unless it involved a one time event resulting in the trauma. If you have issues with your supervisor who is discriminating against you because you have an injury, you will need to consult with a labor and employment law attorney. Good... Read more »
Q: Can you appeal an arbitration decision to a regular court under certain circumstances?
Sort of. There is a method of challenging arbitration awards in court, but it is not technically an appeal. It is difficult to overturn an award in court.
Q: Hello. What is the Appeal process for a DWI Class B conviction? No injuries or anything. BAL .086
You will need an attorney, but in general, a motion fr new trial must be filed within 30 after the conviction was entered. A notice of appeal must also be filed, a request for transcript made, and several other procedural matters must occur, but the primary question that must be addressed is:... Read more »
Q: When an appeal is filed from an order denying pretrial writ of habeas corpus, does it divest a trial court of juris?
A trial court retains jurisdiction of a case while an interlocutory appeal of a pretrial matter is pending. Have this discussion with your attorney.
Q: Is it unethical to request a statement from an ex-husband's lawyer?
I am pro se appellee. My ex-husband is appealing the judgement against him to pay what was suppose to be military retirement, but the ex opted for disability pay. Divorce Decree did not allow him to change or stop payment when he was eligible to receive retirement. Judge did not order him to pay... Read more »
Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.
Q: sentenced 20 yrs for a violation (curfew) the new charge has been dismissed how long will the appeal process take?
He picked up a curfew violation off a new charge that has now been dismissed, before being dismissed he was sentenced 20 years at his revocation hearing and is now waiting an appeal. How long will this process take and does he have a good chance of having his probation reinstated? It is deferred... Read more »
Sadly, just because a new charge is eventually dismissed does not mean that a judge’s findings at a revocation hearing are incorrect. There are different burdens of proof when comparing revocation proceedings to trials on a new criminal charge (“preponderance of the evidence” vs. “beyond a... Read more »
Q: do you do habeas corpus appeals from criminal conviction?
This is not a D-I-Y project. You need the help of a criminal defense attorney skilled in appeals and post-convictions remedies. The rules are complicated, see Chapter 11 of the Texas Code of Criminal Procedure here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.11.htm
Not only... Read more »
Q: Failure to adequately brief contentions is why appeals court affirmed trial court judgment. How to appeal further?
If you failed to adequately brief an issue in the intermediate court of appeals, the Supreme Court/Court of Criminal Appeals is unlikely to take your case. However, you can attempt to appeal further.
Q: Son's father appeal child support and made me look unstable because I was living with family. I have my own apartment
But miss my court date so the judge dropped my case and said my son was to remain with his father who he has never lived with or been with this long I want my son home can you tell me what my next step is. He lives in his grandma's house with her,his mom and siblings in the same house.Doesn't work... Read more »
You need to get an attorney as soon as possible.
Q: I just found out that i have been recorded for the past few months and its gone viral can I do anything to find out
My ex boyfriend had been charged with capital murder in 2012 and is appealing his case. And idk what video has been put out there
Not enough information to discover how you found out and what was recorded. If you were in public, there is no expectation of privacy, making it more difficult to obtain relief. You may try contacting the administrator for the website to have it removed.
Q: Where can i find a case law involving leash laws?
SA City ordinance states "owner shall keep animal restrained at all times & insure it does not roam/run at large at will."
RESTRAINT-"...secured by tether, leash, lead OR confined within real property of owner. CONFINED--"...effectively prevented from being free to roam/run at large at... Read more »
This might help:
https://dogbitelaw.com/legal-briefs/at-large
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