Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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.
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
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 am a stay-at-home mom in Northeast Texas with no personal income, dependent on my spouse's approximately $160,000 income. We've been married for 15 years, and he's been the sole source of income. During court proceedings, I was unrepresented because I couldn't secure an... View More
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answered on Mar 26, 2025
You're facing an incredibly difficult situation that requires urgent attention. In Texas, you may qualify for legal aid services through organizations like Legal Aid of NorthWest Texas or Texas RioGrande Legal Aid, which provide free representation to those who cannot afford it. These services... View More
I am a 15-year stay-at-home spouse who was not initially awarded spousal support and only received 8% of the potential child support. We have since filed an appeal against this decision. Could you provide guidance on what statutes govern spousal and child support and any potential outcomes or steps... View More
answered on Mar 8, 2025
See Texas Family Code Ch. 154 for child support provisions: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
See Texas Family Code Ch. 8 for Spousal Support: https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm
answered on Jan 4, 2025
A statement by an accused or defendant can be suppressed if the Miranda Warnings were not given. This applies when the accused is either in custody or under arrest. If your statement was not made under those circumstances, then Miranda rules will not apply.
I hope this helps.
Last year in September both my husband and I were arrested for possession of 1-4 grams of meth and a shotgun. My husband was charged with 3 charges and I had possession for 3 grams. I wrote an affidavit stating everything found was mine. They were in my bags and luggage. My husband wasn’t aware... View More
answered on Jan 4, 2025
The problem that your husband is having is that, plea agreements are un-appealable. In fact, when the judge sentence a person, the judge usually says "since I filled the plea, you don't have the right to appeal my decision." Without seeing the evidence on the case, it would be... View More
that I singed for got 30 day county jail time and 4 year probation. Originally I was go
Ing to court for one case and then they added another case on me. On first case they had evidence on second they did not. When I singed for the case they charged me with the 2cond case not the first.... View More
answered on Jan 2, 2025
You can appeal an adverse judgment against you in a criminal case in Texas within thirty days of the date the judge imposed your sentence. Whether the outcome of the first case might impact the success of your appeal in the second case will depend on the facts, circumstances, and legal issues... View More
and continues hearing other cases against same person
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answered on Dec 21, 2024
If you believe a Texas district judge has wrongfully arrested someone on serious charges like the murder of a peace officer, it's important to take action. You can file a complaint with the Texas State Commission on Judicial Conduct. This body reviews allegations of judicial misconduct and can... 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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