Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
My friend got convicted of a murder charge and received a sentence for 45 years and been gone for 8. Is there a chance he can get it appealed and get time reduced?
answered on Sep 20, 2024
If your friend has already been imprisoned for 8 years, appeal is no longer an option, but your friend could file a writ of habeas corpus challenging his/her confinement. The writ of habeas corpus is a mechanism to address fundamentally defective procedure leading to constitutional error or claims... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
Typically, a party has thirty days from the date a judgment is entered to appeal. This can be expanded up to 105 days if that party did not get timely notice of the entry of judgment or if certain post-judgment motions were filed.
In certain circumstances, a party can file a restricted... View More
I am seeking legal assistance in addressing a lawsuit filed against me during the pandemic. As a 72-year-old individual with limited technical proficiency, I was served via email. Currently, I am separated from my spouse, and we maintain separate residences while remaining legally married. The... View More
answered on Sep 3, 2024
I'm sorry this happened to you and your wife, given the difficult position you describe yourselves to be in. Depending on the underlying matter that led to the judgment, it could be worth exploring legal aid or pro bono assistance. Appeals tend to be costly and more complex than first-level... View More
I FAILED WITH MY PERTITION AND NEED A RESPONSE.
answered on Aug 15, 2024
I handle appeals to the Supreme Court of Texas. In a typical appellate case, our firm requires an initial retainer of $25,000 to begin work.
I am bothered by your statement that you failed with your petition and need a response, as that is very ambiguous. There may be a timing issue... View More
I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.
answered on Aug 13, 2024
Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More
my son was charged with aggravated sexual assault and given 82 years in prison but filed an appeal but his court appointed attorney hasn't communicated at all with him is this normal? i cant afford a private attorney for him I am afraid dead lines will be missed and he hasnt even spoken to him... View More
answered on Jun 24, 2024
Typically court-appointed attorneys do speak with their clients as needed. Because an appeal must be based on what is already "in the record," a court-appointed appellate attorney has much less need to speak with a client than the trial attorney did. By "in the record" I mean... View More
Inadequate representation of legal counsel.
answered on Jun 21, 2024
You always have the legal right to appeal even if you have no chance of prevailing.
In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant... View More
The insureance proceeds are to replace exempt property there fore should be treated as such. I need help with my brief for the court of aappeals
answered on Jun 20, 2024
I handle civil appeals in both state and federal court. Presumably, competent trial counsel representing you adequately preserved your complaint for review by the appellate court. Our firm typically requires a minimum retainer of $25,000 for a civil appeal, although this amount could be higher if... View More
After the hearing and considering the evidence this court is of the opinion that the plantiff is entitled to possession of the property located at xx I am The defendant xx and this is the judgment of possession is a petition for forcible detainer it is ordering accordingly order decreed that... View More
answered on Jun 6, 2024
This sounds like an eviction case in which you have been evicted from the apartment. If the tenant does not filer an appeal, a writ of possession is issued ten days after the date the judgment was granted. That gives the tenant ten days to move out of the apartment. A writ of possession will be... View More
The landlord LLC filed as the Plaintiff, which is illegal, They misrepresented the agent for the LLC and lied in court, they also didn't give me a 7day notice before receiving the 3day notice to vacate.
answered on May 30, 2024
See Rule 510.8(d)(3) and 510.13 of the Texas Rules of Civil Procedure. Ordinarily, a writ of possession will not be issued if you timely perfected your appeal and have timely paid rent into the registry of the court. If a writ has been issued, you can stay execution of the writ if it was... View More
answered on May 28, 2024
An ordinary appeal can be filed in any case within 30 days of the date a final judgment has been signed by the court. If certain post-judgment motions are filed, or if a party did not timely receive notice of the judgment, that time could be extended, up to 105 days after the date a final judgment... View More
The case is in TX. The magistrate judge didn’t send the Pro Se the Pro Se guidelines, notice to serve, didn’t provide an attorney when he was far below 125% of poverty line, even till date. The court says it sent notice to Pro Se, but returned to court after 67 days. The Pro Se didn’t get... View More
answered on May 13, 2024
Yes. Filing a frivolous "misconduct" claim against a U.S. Magistrate Judge with an appellate court does not stay or delay the proceedings in the district court. The district judge can continue to rule on pending motions, including motions to dismiss, and it is very unlikely that the... View More
I am representing myself and need some guidance.
answered on May 2, 2024
If this is a request for a de novo hearing from an Associate Judge's ruling, you must set the de novo hearing before the district judge within 30 days of the date that the AJ issued his/her ruling.
You then proceed at the de novo hearing exactly like at the original hearing,... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 25, 2024
You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More
Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?
answered on Apr 29, 2024
You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .
What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?
answered on Apr 16, 2024
It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More
answered on Apr 5, 2024
Generally speaking, the court will not appoint a lawyer in a civil case including on appeal. That is largely reserved for criminal cases and cases in which CPS is seeking to terminate a parent's rights to their child.
answered on Apr 4, 2024
Your petition for discretionary review can be filed through the Texas state electronic filing system at https://www.efiletexas.gov/
The required contents of a petition for review are specified in Rule 53 of the Texas Rules of Appellate Procedure.
The factors that the supreme court... View More
Probable cause affidavit and hearing has multiple discrepancies and the warrant altered after returned and conflicting with bailbond on return warrant as was the offense date vs. what being tried on them records locked and made unavailable to the bondsmen even
No local attorney has been... View More
answered on Apr 1, 2024
This is one of those rare cases where I have to disagree with Mr. Arrasmith because, in Texas, only the prosecutor can file a motion to dismiss charges. Neither a pro se criminal defendant nor criminal defense attorney can file a motion to dismiss charges in Texas.
I think the only way to... View More
Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first... View More
answered on Mar 28, 2024
A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.
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