Lawyers, Answer Questions  & Get Points Log In
Texas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Securities Law for Texas on
Q: I own and paid for property that was sold under the previous owners name. Buyer wants to evict.What Proof is needed byme
Tim Akpinar
Tim Akpinar answered on Sep 27, 2019

Your question remains open for three weeks, and at this point, if you haven't already, consult with a Texas attorney. This sounds more like a real property matter than one about securities or civil rights. At any rate, the category is not really important at this point. It appears to be something... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: If ones appeal was affirmed by TX COA, can he refile as Pro Se, he no longer has a court appointed attorney?

Court appointed attorney never contacted defendant, only when COA came back as affirmed defendant was notified. This is a Sexual Assualt case of a minor. Where defendant received 50 years no DNA on 1 count of aggravated sexual assault and 3 counts of indecency.

Roy Lee Warren
Roy Lee Warren answered on Aug 14, 2019

I am sorry for your troubles. Yes he can proceed pro se. But it would be best to seek legal help from one of the legal agencies. I will post the websites for those that assist people on criminal cases.

Google "Thurgood Marshall School of Law Innocence Project" (TMSLIP).

This...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on
Q: I was seeing if someone is able to help with a appeal case
Jon R. Boyd
Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Iam trying to get a criminal sentance modification because she is a witness in the prosicutions behalf on another case

The laywer she will b testifing agaist is the lawyer i hired on her case iam asking for the modifacation how does that work out

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 28, 2019

You just need to make sure your attorney is aware of the contents of any potential testimony the inmate can provide. If the attorney believes that testimony is essential to the case, the attorney will request that the inmate witness be brought to court to testify at trial. No sentence... Read more »

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Texas on
Q: Advise on workers comp case needing to go to district court.. ombudsmen didn't file a timely appeal..
S. Michael Graham
S. Michael Graham answered on Jun 26, 2019

If you didn't get the appeal from your decision and order filed on time, you would have a very difficult time filing in district court. Also, if you lost at the administrative level (CCH), there are almost no attorneys that would be willing to take your case in district court since we have no way... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: My wife was convected for 5 yrs evadeing detention w/ vechicle we appealed.it was affirmed how can i aske for house ares
Roy Lee Warren
Roy Lee Warren answered on Jun 25, 2019

You must make that request through your attorney but you should not get your hopes up. If the decision has been upheld you're in a tough spot--sorry.

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
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
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
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
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
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
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
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 95..no further proceedings due to Anti Terrorism Act. Is this still applicable...

Grant St Julian III
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
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
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
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
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
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
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.

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.