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Texas Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on

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 »

Kiele Linroth Pace answered on Jun 10, 2019

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 »

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Texas on

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 »

Bruce Alexander Minnick answered on Jun 5, 2019

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 »

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: How do I appeal a case where the police seized my truck and was granted the motion

Matthew Valley answered on May 18, 2019

Your post doesn’t contain enough info to properly determine what is going on in your situation.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for Texas on

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

Rahlita D. Thornton answered on Mar 11, 2019

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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?

Roy Lee Warren answered on Feb 15, 2019

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 »

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Can you appeal a small claims court decision?

Jack Ternan answered on Aug 8, 2018

Yes. Such appeals go to the county court at law (if such a court exists in your county).

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

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

Grant St Julian III answered on Jul 9, 2018

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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

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 further proceedings due to Anti Terrorism Act. Is this still applicable...

Grant St Julian III answered on May 9, 2018

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

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.

Roy Lee Warren answered on Apr 23, 2018

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 »

S. Michael Graham answered on Apr 3, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Can you appeal an arbitration decision to a regular court under certain circumstances?

Jack Ternan answered on Mar 26, 2018

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.

1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on

Q: Hello. What is the Appeal process for a DWI Class B conviction? No injuries or anything. BAL .086

Grant St Julian III answered on Mar 13, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on

Q: When an appeal is filed from an order denying pretrial writ of habeas corpus, does it divest a trial court of juris?

Grant St Julian III answered on Feb 19, 2018

A trial court retains jurisdiction of a case while an interlocutory appeal of a pretrial matter is pending. Have this discussion with your attorney.

1 Answer | Asked in Divorce, Appeals / Appellate Law and Military Law for Texas on

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 »

Robert Donald Gifford II answered on Jan 26, 2018

Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on

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 »

Matthew Valley answered on Dec 27, 2017

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 »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on

Q: do you do habeas corpus appeals from criminal conviction?

Kiele Linroth Pace answered on Dec 10, 2017

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:

Not only...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: Failure to adequately brief contentions is why appeals court affirmed trial court judgment. How to appeal further?

Jack Ternan answered on Nov 17, 2017

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.

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

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 »

Tammy Lyn Wincott answered on Jul 24, 2017

You need to get an attorney as soon as possible.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on

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

Roy Lee Warren answered on Jun 25, 2017

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.

1 Answer | Asked in Civil Litigation, Animal / Dog Law and Appeals / Appellate Law for Texas on

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 »

Brian Lehman answered on May 8, 2017

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