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Texas Appeals / Appellate Law Questions & Answers
3 Answers | Asked in Appeals / Appellate Law, Child Support, Employment Law and Family Law for Texas on
Q: How can I appeal a child support decision not considering late discovery documents and VA disability?

I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

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Q: Wrongful conviction appeal for Medicare Fraud in Texas.

My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Duration for criminal appeal process in the Fifth Circuit.

I would like to know how long it generally takes for a criminal appeal to be processed in the U.S. Court of Appeals for the Fifth Circuit. The case was filed on November 9, 2023. Are there any specific factors that might influence the timeline for this appeal?

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

The median time for the disposition of a criminal appeal from the date of the filing of the notice of appeal to the rendition of a final disposition decision by the Fifth Circuit is 10-11 months.

Delays in filing the clerk's record, the court reporter's transcript(s), or the...
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2 Answers | Asked in Family Law, Civil Litigation and Appeals / Appellate Law for Texas on
Q: Can I file a motion to set aside CPS orders or dismiss the case in Texas?

CPS conducted an emergency removal of my children on June 13 based on false statements, claiming they removed them from me instead of from my mother. The initial adversary hearing was held on June 25 but postponed to July 12 due to issues serving the absent father. On July 12, the children were... View More

John Michael Frick
John Michael Frick
answered on May 30, 2025

Nothing in your question suggests that you have grounds to set aside orders or to dismiss the case.

On the other hand, it is clear from your question that you need to share the evidence you have gathered with your attorney. IF CPS is seeking termination of your parental rights and you are...
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2 Answers | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Texas on
Q: Seeking options for dad's release from federal prison for 2014 bank robbery conviction.

My dad has been in federal prison since 2014, sentenced for bank robbery. There have been no appeals or legal assistance since his conviction, partly due to the passing of our main supporter, my great-grandma. I am seeking any available legal avenues or steps to potentially secure his release. What... View More

Niles S. Illich
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answered on May 28, 2025

There are few good answers. The best try is a commutation. He can start with this form: https://www.justice.gov/pardon/apply-clemency

There is something in the First Step Act but that hasn't been helpful to people like your father.

Most of the writs are out of time and...
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3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: How to overturn an appeal for a theft charge in Texas?

I am seeking assistance to overturn an appeal in Harris County, Texas, related to a property theft charge involving a necklace and ear pods. Although I admitted to taking the necklace, no further evidence or witnesses were presented in court regarding additional items claimed. The case, initially... View More

Niles S. Illich
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answered on May 28, 2025

There are several issues here. First you can only appeal for thirty days (extended to 45 days on motion). If that isn't an option, then you need to do a writ. In this case it will be either an 11.09 or an 11.072 writ depending on the level of the conviction. Generally writs challenge the... View More

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3 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Texas on
Q: How can I address a misfiled subpoena by a deputy clerk affecting my case?

I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

The misfiling of a subpoena by a clerk will not void a case. Worse case, it will prevent you from having a court issue a capias for a recalcitrant witness until you correct the misfiling.

You can obtain a new or amended return of service of the subpoena from the officer, process server, or...
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3 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Texas on
Q: How can I address a misfiled subpoena by a deputy clerk affecting my case?

I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

"Using" the state E-Filing system, not "suing."

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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Texas on
Q: How to address incorrect appellate records and seek motion removal when my lawyer was disbarred for 5 years?

I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

First and foremost, you should file a motion to extend the time to file your brief for an additional 30 days. If this is a first extension, it will likely be granted. You can cite errors in the Clerk's record as good cause for the extension.

Second, you need to retain a lawyer who...
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3 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Texas on
Q: How to address incorrect appellate records and seek motion removal when my lawyer was disbarred for 5 years?

I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

I further note that the filing of an appeal does not stay whatever judgment the trial court entered against you. Unless you post a supersedeas bond, or cash in lieu of a supersedeas bond, the mere filing of your appeal will not stop the other side from garnishing your bank accounts or seizing any... View More

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2 Answers | Asked in Domestic Violence, Child Custody, Appeals / Appellate Law and Family Law for Texas on
Q: Can an unmarried mother challenge a judge's order to return to Texas after domestic violence?

I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More

John Michael Frick
John Michael Frick
answered on May 2, 2025

Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.

Normally, in a divorce situation, a court cannot order an adult to return...
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2 Answers | Asked in Civil Rights and Appeals / Appellate Law for Texas on
Q: Can I file a case again after 90 days from an EEOC "Right to Sue" notice if my original case was dismissed?

I received a "Right to Sue" notice from the EEOC on 08/14/2024 and filed my discrimination case in court on 11/08/2024, within the 90-day period. I served the defendant on the last day of the legal period, 03/04/2025, but I wasn't aware I had to notify the court of the service. As a... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

No. Your case will be barred at this point. But you may have a claim against the attorney or process server who handled serving the defendant on your behalf.

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Texas on
Q: Seeking appeal resources for son's TX assault case claiming self-defense.

My son was arrested in Texas for assault with a deadly weapon, although he claims it was in self-defense. One of the men involved intimidated and injured him. The lawyer didn't pursue this defense, and he felt pressured into accepting a plea deal due to the threat of a longer sentence. The... View More

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

If your son plead guilty, he cannot appeal his conviction based upon the claim of self-defense. None of the evidence supporting such a claim will even be relevant. He would need to appeal on the ground that his plea of guilty was not voluntary. For example, he theoretically could show that, at... View More

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking to vacate conviction due to dash cam evidence of fabricated traffic stop and ineffective counsel.

I am seeking to vacate my conviction and withdraw my guilty plea entered on June 14, 2024, due to newly discovered evidence. A dash cam video proves that the officer fabricated the traffic violation for which I was pulled over, and no laws were broken. Additionally, a warning citation issued at... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 8, 2025

You have a lot going on here. There are two different avenues for you to overturn your conviction. You didn't say what your exact conviction was, but I will assume it was for a Felony in Texas.

Avenue 1: Dash Cam: New Evidence can be used after the Statute of Limitations, if it...
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2 Answers | Asked in Appeals / Appellate Law and Gov & Administrative Law for Texas on
Q: How does Freeman v. Freeman (1959) affect invalid court orders?

I'm looking for information on how Freeman v. Freeman, 327 S.W.2d 428 (Texas 1959), might influence the validity of court orders when a court has issued an order without the necessary authority, followed by a subsequent order based on the first. Additionally, I am interested in a list of... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2025

Certain language in Freeman was later expressly disapproved by the Supreme Court of Texas in Mapco v. Forrest, 795 S.W.2d 700 (Tex. 1990).

You can shepardize this case by going to any legal library or through subscription services like Lexis or Westlaw. There are 90 cases listed in...
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2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Texas on
Q: How can two different arguments be made for the same objection regarding an undisclosed witness in a trial?

In a trial, a state witness was allowed to testify even though their name was not disclosed to the defense attorney. The trial attorney objected to this during the trial, but the appellate attorney presented a different argument for the same objection. Can you explain how two different arguments... View More

John Michael Frick
John Michael Frick
answered on Mar 27, 2025

Different arguments can be presented to exclude the same witness. The record must support the argument and many arguments made on appeal to exclude a witness can be waived if they were not presented to the trial court first. But, sometimes, an argument can be presented for the first time on... View More

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2 Answers | Asked in Constitutional Law, Appeals / Appellate Law, Civil Litigation and Personal Injury for Texas on
Q: Does Texas Tort Act violate due process in body parts' sale case?

In Texas, the Tort Claims Act states that a government entity does not need to disclose details or the extent of its insurance coverage. I believe this violates my constitutional right to due process according to both the U.S. Constitution and the Texas Constitution. The University of Texas Medical... View More

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

There is no constitutional right that requires a government entity or other party to disclose the extent of its insurance coverage. In cases like your, the existence or non-existence of insurance coverage will almost always be inadmissible as evidence. This is particularly true if, as the... View More

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2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Texas on
Q: What items are needed for a federal appeal in a civil case under 28 USC 1443?

I am representing myself (pro se) in a civil case where I believe the wrong law was applied concerning the removal deadline from state to federal court. Specifically, 28 USC 1446 was used for a 30-day deadline, but it should have been 28 USC 1443. I filed a Notice of Appeal 8 days ago. What items... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.

Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor...
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2 Answers | Asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas on
Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Is it a hopeful sign that my civil case is under review by the Texas Supreme Court for over 30 days?

I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a... View More

John Michael Frick
John Michael Frick
answered on Mar 10, 2025

No.

Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).

After being forwarded to the justices, a petition will not be dismissed until...
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