First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.
Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.
Defendant believes counsel was overwhelmed &... Read more »
First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to... Read more »
If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »
Judge signs for psychiatrist to see me April 30 and resend is lawyer could not talk to me about case, said I was argumentative or did not meet him. Court records shows he said he tried to meet me on May 3. But doctor report is also dated May 3. How can I argumentative with a man that I never meet?... Read more »
No, there are not any offenses defined in the Texas Rules of Evidence. That said, Tampering with a Governmental Record is an offense defined in the Texas Penal Code.
There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »
The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html
No, the best time to dispute the facts of the case is before you are convicted or take a plea.
The verdict was affirmed by the CoA, so it would be to the Defendant’s advantage to void the appeal. Mandate issued 3 or so years ago. Is there an option for addressing the issue besides a habeas writ?
This doesn't slant the way you seem to think it does. The rule says: "If the defendant is the appellant, the record must include the trial court’s certification of the defendant’s right of appeal [...] The appeal must be dismissed if a certification that shows the... Read more »
Appeal Court and third hearing, both Judges have made it understood there is more to this case and want to hear more from me before deciding.
I have a MOUNTIAN of evidence to prove my side and Judge will need "Order" to throw it out.
First, and eviction IS a civil matter. (Everything that is not criminal is a civil matter.) Unfortunately, there is absolutely no way to know what actions are necessary without reviewing the whole file to figure out what the problem(s) is. Frequently when a judge says that there is "more... Read more »
If this is a continuation of the earlier question about a bond forfeiture then your boyfriend's criminal defense attorney will probably explain the situation in hopes of convincing the judge to either reinstate the bond and recall the warrant or perhaps grant a personal bond instead.
My boyfriend and I was paying the bondsman for 11 months and in October he had a court date he went the judge excuse everyone and gave all new court date (couldn't remember the reason why). The next court date he had went he started feeling sick and he was excuse to leave the court room he was... Read more »
Don't rely on a bondsman. Only an attorney can represent your boyfriend in court. He should hire a criminal defense attorney.
No, it gets dismissed because the JP has no jurisdiction.
I'm on parole for 50 more years..
You should probably reach out to a Texas parole specialist, not just a criminal defense attorney who dabbles in parole cases. Dealing with the parole board is very different than dealing with a trial court judge, and this could require some really specialized insight so you should really consult... Read more »
What does it mean ?
Valid Claim:We affirmed the previous ruling.
Separation from work : We reversed the previous ruling.
I cannot answer this question, because the question is too vague. Sorry.
Indictments that don’t name a substance or penalty group
I'd like to help you here but you haven't asked a question. Without any clue as to what you're trying to accomplish, any substantive attempt to give you an answer would be be more likely to confuse you than to enighten you.
You won't find a whole lot of caselaw on this... Read more »
Substance
A possession of controlled substance indictment which does not specify the controlled substance involved is subject to being "quashed" when and if the defendant files such a motion. To the extent that the court has jurisdiction to quash the indictment, it doew have jurisdiction (i.e.... Read more »
A motion to compel discovery was properly filed by the defendant after the withdraw of the defendant’s first attorney and before the defendant’s second attorney accepted the case. It was ignored. Defendant has not been able to review any of discovery before entering into plea bargain. Defendant... Read more »
Simply filing a motion doesn't help and there is a decent chance the judge isn't even aware of it. You've got to serve it on the prosecution and ask the judge for a ruling on it. Unless it is trivial the judge would probably want you to set it for a hearing. If it is trivial then... Read more »
Not in this forum. If you want someone to review the order and interpret it for you, or appeal it, you'll have to consult an attorney. This forum is for general information.
Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)
While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »
The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.
In addition to Texas law, you need to be 100% certain that you... Read more »
MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen
Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »
I don't even remember doing it but I did my time and im clean..I want to work again..is it possible?
A Texas attorney could advise best, but your post remains open for a week. As a GENERAL matter, there are attorneys who specialize in the narrow field of professional license defense. As a starting point, you might investigate the current status of your license on your own to save money. If your... Read more »
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