Texas Appeals / Appellate Law Questions & Answers

Q: Say a CPS investagtor lies in their affidavit and there is proof but no one will listen to you what do ubdo

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for Texas on
Answered on Mar 11, 2019
Rahlita D. Thornton's answer
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?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
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 to the County website and check its local rules. Good luck.

Q: Can you appeal a small claims court decision?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Aug 8, 2018
Jack Ternan's answer
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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Jul 9, 2018
Grant St Julian III's answer
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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on May 9, 2018
Grant St Julian III's answer
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?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Apr 23, 2018
Roy Lee Warren's answer
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 the minimum charge.

Q: Hello sorry to contact you so early but I need advice due to harrasment on my job from supervisor.

1 Answer | Asked in Employment Law, Workers' Compensation, Appeals / Appellate Law and Health Care Law for Texas on
Answered on Apr 3, 2018
S. Michael Graham's answer
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 Luck.

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

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Mar 26, 2018
Jack Ternan's answer
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

1 Answer | Asked in Criminal Law, DUI / DWI and Appeals / Appellate Law for Texas on
Answered on Mar 13, 2018
Grant St Julian III's answer
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: what is the basis for the appeal, other than you don't like the outcome? The trial court must error to have a conviction overturned. Start calling local lawyers. Good luck.

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

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Answered on Feb 19, 2018
Grant St Julian III's answer
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?

1 Answer | Asked in Divorce, Appeals / Appellate Law and Military Law for Texas on
Answered on Jan 26, 2018
Robert Donald Gifford II's answer
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?

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Answered on Dec 27, 2017
Matthew Valley's answer
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 reasonable doubt”). His appellate counsel should know more about how is appeal is looking and whether there are good arguments for attacking the judge’s revocation of his probation.

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Dec 10, 2017
Kiele Linroth Pace's answer
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 that, but the rules as written have be interpreted by the Courts of Appeals to mean different things than you might thing by just reading the rules. This is why you need an appeals attorney, you will...

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

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Nov 17, 2017
Jack Ternan's answer
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: 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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Internet Law for Texas on
Answered on Jun 25, 2017
Roy Lee Warren's answer
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?

1 Answer | Asked in Civil Litigation, Animal / Dog Law and Appeals / Appellate Law for Texas on
Answered on May 8, 2017
Brian Lehman's answer
This might help:

https://dogbitelaw.com/legal-briefs/at-large

Q: in Texas if you quash indictment for errors can they if there were fatal errors in the enhancement clause

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Texas on
Answered on Mar 20, 2017
Robert Sterling Guest's answer
Quashing an indictment is a complicated issue. Without seeing the indictment it's impossible to tell you if it can be quashed. You need to take the indictment to a lawyer so that person can review it and offer some real legal advice.

Q: TX quashing felony indictment. Errors. Of facts in the enhancement clause of indictment ,reindictment/or matter quashed

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Texas on
Answered on Mar 20, 2017
Robert Sterling Guest's answer
You need to hire a lawyer. Don't try to file your own writ or Motion to Quash. If you care about the outcome have an experienced professional help.

Q: How do I speed the process of an appeal?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Feb 22, 2017
Brian Lehman's answer
You can file your papers sooner than the deadline, but other than that the court will make the decision on its time line. There is not anything you can do to speed it up at the appellate level.

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