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Texas Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should...
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2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 22, 2022

Retain a lawyer. Protective Orders can be modified twice,

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2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 23, 2022

You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... Read more »

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Libel & Slander for Texas on
Q: Recover paid fees from Law Firm in Tx not communicating , filing motion, adhering to court process .Appoint new attorney

I paid over $14k ($7k attorneys hours $2k paralegal plus $5k internal reviews admin fee ) for a specific performance case filed in Jul 2021. Now the Law Firm want me to file motion of summary & no evidence judgment as Pro Se in realestate deal

I am plaintiff and buyer filed petition... Read more »

John Michael Frick
John Michael Frick
answered on Nov 19, 2022

If you’ve only paid $14K atty fees in that type of case after 15 months of litigation, your current law firm is doing a bang up job in keeping your litigation costs low.

If they are recommending you file a no evidence motion for summary judgment, the timing seems about right as the...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Elder Law for Texas on
Q: Yes my fiance was sentenced on the 7th of this month to 18 months state. He has 94 days good time.

He is 66 years old and is disabled with multiple health issues. What can I do to get his sentence reduced and out of jail. There is no way he is going to make it in there

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Oct 10, 2022

If the is a state jail case he maybe able to get 20 percent off otherwise it is served day to day

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My Fiance was convicted to 60 yrs in prison. And wants to know the steps to getting this case re opened.

Wants to get this case reopened and get a thorough investigation.

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

To reopen a criminal case substantial, probative evidence must have been discovered after the trial. This is no DIY matter. Use your local bar association's find a lawyer for him, or use the search engine here.

Good Luck

d

1 Answer | Asked in Appeals / Appellate Law and Personal Injury for Texas on
Q: Appealing 2nd COA District CourtTX, personal injury, gross negligence, denied pro-bono, a free appeals form? FW, TX

drink can contained what I believe was a metal washer, object lodged way back in throat, swallowed it then it raped my throat causing severe sleep deprivation. Defendants have conceded the incident and damaged throat etc. Due to SSDeprivation missed a response. Many errors by court which is an... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Handling an appeal requires the services of a skilled attorney with experience in appellate law. It is not something most individuals are capable of handling pro se. There is not a "free form." You will be expected to fully comply with the Texas Rules of Appellate Procedure. You will... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Libel & Slander and Wrongful Death for Texas on
Q: My so was wrongfully convicted double jeopardy and also denied when he filed for an appeal.
John Cucci Jr.
John Cucci Jr.
answered on Sep 15, 2022

Not sure what your question is. If you can ask exactly what your issue or question is I will be glad to answer for you. Otherwise please call my law office or another experienced criminal attorney for an appointment. Please have the appeal decision ready for any questions.

Good Luck!

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: Can a federal district judge grant a motion to dismiss minutes after the defendant submitted it?

Federal district court judge granted motion to dismiss to defendant within minutes. The plaintiff had no time to oppose the motion before the judge granted it. Despite, the plaintiff filed the opposition to dismiss motion in a timely manner. How can judge grant a motion to dismiss without giving... Read more »

John Michael Frick
John Michael Frick
answered on Sep 12, 2022

The Local Rules of the Southern District of Texas provide that an opposed motion will be submitted to the judge 21 days after filing and that any Response must be filed before the submission date. Unopposed motions may be taken up and ruled upon more promptly.

It would be rare for a judge...
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1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... Read more »

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Appeals / Appellate Law for Texas on
Q: a divorce and decree order if one spouse was awarded sole property but both spouses are on the ownership can 1 evict

But on the 2 other properties the other spouse was awarded the properties yet one of the 2 properties is still in the other spouse's name And taxes are owed on all 3 properties Also no deed of ownership has been presented from the spouse trying to evict from the 1 property. Also the public... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 25, 2022

This is a thorny question. I would need all documents involved to give you a solid answer.

Get a good appeal attorney.

Good Luck!

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Legal Malpractice for Texas on
Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Aug 5, 2022

I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other... Read more »

2 Answers | Asked in Appeals / Appellate Law for Texas on
Q: Can I have a compensation if I win a criminal appeal and the Court of appeals reverse and dismiss the case.?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 27, 2022

Usually, no. There is no "compensation" just because you have succeeded in your appeal. But there may be other avenues for damages or compensation, upon the dismissal of your case based on your success on appeal. But I'm not a Texas attorney.

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2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Federal Crimes for Texas on
Q: I just found the court case number that awarded me $5.5 million from the ins. Co that my lawyer said did not exist I

Yes I want to recover this money, I need representation. It will have to be on contingency but if recovered I would pay more to the attorney that took the case than 33% much more.

John Cucci Jr.
John Cucci Jr.
answered on Jun 18, 2022

If what you posted is true. You need to get a copy of the award or judgment. As it seems to be over 10 years old, there may be some time-limit issues.

If that $ is in a trust account for your deceased husband, you will need to get a court order from the surrogate's court to get it. If...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Texas on
Q: can anyone help with a civil suit that needs a writs

Around 2:00 p.m. on May 19, 2015, Phillips forcibly entered Faedra Wills’s

Arlington home while, apparently unknown to him, Wills locked herself in the

bathroom and called 911. Arlington police officers arrived at Wills’s home while

Phillips was loading stolen... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 12, 2022

Sorry but I did not see a question in your submission. Please try to ask what or how to do something.

Thank you.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Texas on
Q: What is the process for appealing a life sentence handed down in federal court?

There may have been ineffective counsel who failed to argue adequately for motion to sever and during the sentencing phase.

John Cucci Jr.
John Cucci Jr.
answered on Jun 11, 2022

There is a short time-limit for filing a Federal Appeal. What's worse, in some instances you need to file a Motion for a New trial, before seeking an appeal. There is a lot to consider. But step one is usually, file a notice of appeal with the Court Clerk and check to see if you need to file... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Texas on
Q: Where can I go to find other civil court case appeals records ?

My brother is trying to appeal a judges decision on a motion to dismiss his civil suit against his former attorney , who didn't take any steps to helping my brother in his criminal case that he is innocent of but now serving 35 years the way he was dealt was so wrong . So my brother asked me... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 7, 2022

If your brother is innocent and the attorney was ineffective he should file a 11-07 writ.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Does a victim of a heinous crime have the ability to appeal a plea bargained sentence?

Many years ago a man broke into my parent's home and murdered my younger brother. His murderer tried to kill my younger sister by stabbing her multiple times - she survived. The case grew very cold and the man was not found for several years until he was arrested for DUI, then fingerprints... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 13, 2022

I am sorry for your family's loss, but I do not believe the courts are capable of providing the closure you seek. The limitation period for criminal attempt is the same as that of the offense attempted. 12.03(a) TxCCP There is no limitations period for murder. 12.01(1)(A) TxCCP. That said,... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Consumer Law for Texas on
Q: The Court at Law in FB county has granted Defendant a Summary Judgment How and where do I file an appeal or Motion?

I (Plaintiff) filed a Fraud, Misrepresentation and DTPA case in FB Court at Law against Momentum Jaguar Volvo Porsche in Houston almost 18 months ago and requested a Jury Trial. The court neither scheduled a Jury Trial not Amended the case. Defendant provided some fake documents and made several... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 5, 2022

You need to retain a lawyer, Appeals are complicated,

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