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Texas Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Jun 18, 2022

Hey there, this matter seems pretty serious. Can I ask, what exactly is your question here? Do you seek to recoup the funds?

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr.
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr.
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Does a victim of a heinous crime have the ability to appeal a plea bargained sentence?

Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 13, 2022

I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If I’ve been evicted and missed the window to appeal. Can my landlord accept a months rent so I can find a place?

Went to courthouse with paperwork to file an appeal and 1 months rent and they said it was doubled and I can’t afford that and today was the last day to file and they’re closed. What do I do? Can I pay the landlord a months rent and stay? I’m in chambers county Tx

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 3, 2022

If your landlord will let you stay you will be very lucky, Your better option is to find a new place,

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: I was charged, but no conviction, of a class A in 2017. Then, this year, I found out discrepancies. can I appeal?

I got a hold, via a court FOIA request, of my 2016 arrest records. When I got indicted and charged, I kept getting told that my charge could not get entirely dismissed because the "witness statements" said something that was too "serious" to get my much more concrete piece of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 13, 2022

The best time to fight criminal charges is BEFORE you take a plea. The only way to get Deferred Adjudication is to enter a plea of Guilty or No Contest (which is the same as Guilty with regard to a criminal case anyway.) In almost all cases, a defendant only has 30 days to start the appeals... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: Evidence collected and destroyed in Texas, can anyone be held accountable?

Someone arrested and plead guilty under duress. They found out years later evidence was collected from scene of crime, but never tested. Nine years after the crime, defendant learned of said evidence and requested testing. They learned at this time the evidence was destroyed, so all writs were... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 24, 2022

Your questions are complicated. The reason is over the years, the liability and duties of the police, District Attorneys, Courts, and court clerks have all changed in many ways.

The dates of the arrest and seizure are important. That would determine which laws were relevant in your matters....
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2 Answers | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Municipal Law for Texas on
Q: Q: I am researching info about possibility of expungement and/or cleared convictions.

I was a real piece of work in my youth. Reckless, lonely, hard drinking party animal.

I was convicted of my first DWI March/2009 in Rockwall, TX. I was under the age of 21. I plead guilty and took jail time after originally choosing probation.

In Aug/2013, I was arrested on a DWI at... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 17, 2022

Your only chance would be a pardon but I think it would be very difficult to get pardoned

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1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: What does it mean when someone files a Notice of Appeal after you have an Abstract of Judgement on them?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 19, 2022

The person is trying to appeal the judgment,

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: I need to talk to a appeals attorney about a case was file after 4 years . Possession of CS

My girlfriend is in prison on a possession of cs. They gave her ten years but they waited 4 years to file the case I understand they only have 3 years to do this . Is there someone that could help us ?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 15, 2022

You will need to call a lawyer because it depends on the exact charge. Most felonies statute of limitations are more than 3 years.

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

2 Answers | Asked in Appeals / Appellate Law and Family Law for Texas on
Q: I need an appellate attorney for a family law custody final decree from December 1 2021 feb 22 2022 not signed

Tarrant county texas the non parent received custody over the father

Leslie Ann Werner
Leslie Ann Werner
answered on Feb 23, 2022

All time periods run from the date of the signing of the final order. You may message me on this platform and discuss your case. I am Board Certified in Civil Appellate Law.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: If reasonable doubt in a case can it be retrial if the person was given 75yrs for something he didn't do?

The state vs Charles Edward williams

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 15, 2022

Probably not. A defendant isn't sentenced until and unless they've been convicted. They can't be convicted until either (1) they entered a plea of guilty or no contest, or (2) there was a trial and the prosecution proved guilt beyond a reasonable doubt.

If there is evidence...
Read more »

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1 Answer | Asked in Child Support, Family Law, Appeals / Appellate Law and Child Custody for Texas on
Q: Can a mother leave texas during a open custody agreement

during a child support agreement in texas the mother had moved out state and I was never informed

Leslie Ann Werner
Leslie Ann Werner
answered on Jan 30, 2022

The final decree should contain language that requires the mother to notify you of any change of address. Notifications of address and phone number changes are typically standard in temporary orders as well. If the mother has moved, she may be in violation of a court order. You should let your... Read more »

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: How long do I have in TX to cancel an appeal I filed against eviction due to violation of lease“disrupting behavior
Teri A. Walter
Teri A. Walter
answered on Nov 29, 2021

If you are the party appealing the eviction, you can dismiss the appeal at any time.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: Need help i only have 1 day to make an appeal for eviction i only have 1 day to move or make an appeal

Do i need to get a lawyer to make an appeal or i can do it my self Need help i only have 1 day to make an appeal for eviction i havemt been available to find a place to stay do i need a lawyer to make an appeal or i can do it my self i have kids and cant find a place to live and in the court they... Read more »

Jonathan Tanaka
Jonathan Tanaka
answered on Oct 25, 2021

Yes, if you're unsure with how to go about the appeals process, I would strongly recommend that you reach out to an attorney and set up a consult as soon as possible. They will be able to review the eviction order with you and advise you as to how to best proceed. I wish you all the best!

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If u get evicted an make an appeal

If u get evicted an make an appeal and pay the bond and a month of rent to court do they give u the whole month howitworhowitworks

Teri A. Walter
Teri A. Walter
answered on Oct 21, 2021

If you pay your rent into the registry of the court every month during the appeal, those payments will be applied towards any judgment the landlord recovers against you. If you don't, your appeal is likely to be dismissed.

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