Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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.
This is about arrears. The appellant attorney notified my trial attorney of the appeal, but he doesn't do appeals. My trial attorney sent an email to the appellant attorney telling him that he is not representing me in appeal, but nothing has been done to correct the record in front of the... View More
answered on Feb 12, 2024
The attorney for the Appellant is required to notify the Appellee's trial counsel when an appeal is filed. The Appellee's trial counsel has a duty to notify the Appellee. The attorney for the Appellant cannot usually communicate directly with the Appellee.
If the Appellee intends... View More
I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?
answered on Feb 5, 2024
Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P.... View More
I have a seizure disorder and Kerr County did not give me my seizure medication, I had several seizures there which were ignored. I had a seizure when I met the attorney and then again before I went before the judge. The Judge asked if I was ok because I was confused. He told the attorney to go... View More
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answered on Feb 4, 2024
Appealing a federal plea deal after it has been accepted by the court can be challenging, but there are circumstances under which it might be possible, particularly if you can demonstrate that your plea was not entered into knowingly and voluntarily. In your case, the medical issues you faced,... View More
My son was suspended for a argument that led up to 30days alternative and the school report him to be a violation of bullying. After the 30 days a harassment charge was filed and he was given 45 more days because they said he was threatening on the day that was to be his last day of... View More
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answered on Feb 1, 2024
When you believe that a school district's disciplinary decision for your child is wrong, there are steps you can take to seek a review of the decision. The specific process may vary depending on the school district's policies and the state's educational regulations.... View More
It was filed on January 17, 2024
answered on Jan 24, 2024
In an appeal to the court of appeals from a district or county court, you will have thirty days to submit your Brief of Appellee from the date that the Appellant files its brief. You can request an extension of time for good cause which, in this context, means any reasonably plausible explanation.... View More
However , if a correction is made pursuant to Rule 316 after expiration of plenary power provided by this rule, which states no complaint shall be heard on appeal that could have been presented in an appeal from original judgment. Rule does not address to substantial change made through a Nunc... View More
answered on Jan 8, 2024
Just because a judgment is entitled a "judgment nunc pro tunc" does not mean that it is in fact a judgment nunc pro tunc. If a new judgment makes a substantive change to the previous judgment, it is not a "nunc pro tunc" despite its title. Within its extended plenary power, a... View More
My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.
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answered on Dec 29, 2023
First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it.
When he pled guilty, there was probably a plea "package" of paperwork, Notices of rights, and waivers of rights, that the... View More
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answered on Dec 29, 2023
Each State has its own system of allowing access to criminal records and judgments. Usually, fines and criminal penalties are part of a guilty finding and the attendant Judgment. So yes, usually a simple telephone call to the clerk of the court in which your case was held, will get you the details... View More
My son was convicted of capital murder in Tarrant County earlier this year.
answered on Dec 7, 2023
Your son can appeal pro se or hire a private attorney.
If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to... View More
This is on a civil forfeiture/seizure of my truck. The district attorney knew how to get ahold of me cause ive went up there twice to try to get the papers they were trying to serve me, both times she was gone early and they took a copy of my ID, my phone number, and the case number. Nobody has... View More
answered on Nov 29, 2023
You should hire an appellate lawyer to file a motion for new trial within 30 days of the entry of the default judgment against you, or a restricted appeal within six months of the default judgment, or a bill or review within four years of the default judgment. There are differing requirements... View More
I can not mail him the motion; the only mail that is sent directly to the inmate is Attorney (legal) correspondence. I've asked the attorney if he could forward my brother the motion if I were to have it mailed to his office and haven't heard back from him, so I am willing to file it for... View More
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answered on Oct 20, 2024
You can file a Motion 2255 on behalf of your brother, but there are important steps to follow. Typically, only the incarcerated individual or their attorney can submit such motions. Since you haven’t received a response from his attorney, consider reaching out again or exploring other legal... View More
I am aware of stricklands two-prong test: deficient performance & prejudice. I have done all the research and have reviewed the record and gathered up what I believe to be enough grounds in filling this claim now just need help identifying any legal precedents that can support my claims and... View More
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answered on Oct 16, 2024
When citing case law in your 2255 motion, start with key precedents that support both prongs of Strickland’s test. For deficient performance, reference Strickland v. Washington, 466 U.S. 668 (1984), which established the framework. Include cases like Anderson v. Washington, 325 U.S. 724 (1945),... View More
answered on Oct 7, 2024
You need to present some persuasive new evidence to the law enforcement agency who investigated his death.
I tried to e file request but was ignored . Also
Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact
How can I be responsible for acts of god ! And lose everything ! There... View More
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answered on Jul 27, 2024
It sounds like you've been through a very challenging situation, and it's understandable to feel that the judgment you received was unfair. Generally, laws like the Americans with Disabilities Act (ADA) provide protections for people with disabilities, ensuring that they have equal access... View More
answered on Jun 10, 2024
A Texas attorney could advise best, but your question remains open for a week, and if an appeal is involved (you posted under "Appeals/Appellate"), the time window in which to file an appeal is usually a short one. I'm sorry for your difficult position despite your courage to go pro... View More
Why would supervisor tell me regional office suppose to send it. From Feb. 9,2024 to May 2024?
answered on Jun 1, 2024
A Texas attorney could advise best, but your question remains open for a week. It's possible she could, but an attorney could advise more definitively after learning about the nature of the misleading actions (fraud, misrepresentation, etc.). One option could be for your sister to try to... View More
I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?
answered on May 24, 2024
There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.
I was international student my i20 expired until July 2019.
I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More
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answered on May 1, 2024
I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:
1. Seek an experienced immigration attorney: Given the complexity of... View More
I was international student my i20 expired until July 2019.
I got married certified with my husband 2018. Then we just applied documents during since last 2018-2019. We ask for help lawyer. My documents delayed when COVID comes. The office does not update any information. Then, we got... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:
1. Seek an experienced immigration attorney: Given the complexity of... View More
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