Appeals / Appellate Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Appeals / Appellate Law Questions & Answers
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.
1 Answer
| Asked
in
Appeals / Appellate Law, Employment Law and Public Benefits
for
Alabama
on
Answered on Mar 19, 2016
Answered on Mar 19, 2016
Marshall Jason Ray's answer
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually allowed to be third party representatives in most states' unemployment proceedings. Those representatives may be very experienced with unemployment hearings--there are companies that do nothing else...
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually allowed to be third party representatives in most states' unemployment proceedings. Those representatives may be very experienced with unemployment hearings--there are companies that do nothing else...
Q: I have been notified that my unemployment insurance award is being appealed by my former employer.
1 Answer
| Asked
in
Appeals / Appellate Law and Employment Law
for
Oklahoma
on
Answered on Mar 15, 2016
Answered on Mar 15, 2016
Mr. Michael O. Stevens' answer
If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
Q: After being charged with a DV, how long after being charged do you have to appeal the charge?
1 Answer
| Asked
in
Appeals / Appellate Law and Domestic Violence
for
Ohio
on
Answered on Feb 26, 2016
Answered on Feb 26, 2016
Matthew Williams' answer
The time for appeals begins to run after you are convicted and sentenced, not after you've been charged. You cannot appeal a charge. If you have been convicted and sentenced, you are supposed to file a notice of appeal within 30 days, but can generally get an extension if its your first go at the appeal.
The time for appeals begins to run after you are convicted and sentenced, not after you've been charged. You cannot appeal a charge. If you have been convicted and sentenced, you are supposed to file a notice of appeal within 30 days, but can generally get an extension if its your first go at the appeal.
Q: I filed a motion for the judge to reconsider her decision on Dec. 10th, The clerk did not type this up until Dec 31.
Israel Piedra's answer
You must file a motion for reconsideration within 10 days of the Clerk's "Notice of Decision". If you believe there was an error, it might be wise to retain an attorney to review your file. Remember, you typically have 30 days from the rejection of a motion for reconsideration to file an appeal to the N.H. Supreme Court.
You must file a motion for reconsideration within 10 days of the Clerk's "Notice of Decision". If you believe there was an error, it might be wise to retain an attorney to review your file. Remember, you typically have 30 days from the rejection of a motion for reconsideration to file an appeal to the N.H. Supreme Court.
Q: Does the judge ever deny the request for an appeal after tpr trial?
Mr. James Parrish Coleman's answer
The trial judge cannot deny a request for an appeal. The trial judge can deny a Rule 59 motion to alter amend or vacate which always comes before an appeal. Appeals in civil actions must be made to the Alabama Court of Civil Appeals within 42 days after the judgment of the Court.
The trial judge cannot deny a request for an appeal. The trial judge can deny a Rule 59 motion to alter amend or vacate which always comes before an appeal. Appeals in civil actions must be made to the Alabama Court of Civil Appeals within 42 days after the judgment of the Court.
Q: Can I file motion for holding Status Conference again, if I have missed it earlier ?
1 Answer
| Asked
in
Appeals / Appellate Law, Constitutional Law, Divorce and Family Law
for
Florida
on
Answered on Dec 28, 2015
Answered on Dec 28, 2015
Robert Jason De Groot's answer
You need to get a family attorney on your side to clean up this mess.
You need to get a family attorney on your side to clean up this mess.
Q: If petitioner does not intend to stay permanently in Florida, can his divorce petition be dismissed ?
1 Answer
| Asked
in
Appeals / Appellate Law, Constitutional Law, Criminal Law, Divorce, Family Law and Immigration Law
for
Florida
on
Answered on Dec 26, 2015
Answered on Dec 26, 2015
John Arthur Smitten's answer
You can just file a voluntary dismissal if you were the one who filed the case. If the other side filed a case than you cannot dismiss.
You can just file a voluntary dismissal if you were the one who filed the case. If the other side filed a case than you cannot dismiss.
Q: What do sixth circuit means in federal court
Matthew Williams' answer
It's the federal appellate court with jurisdiction over the district courts in Ohio, Michigan, Kentucky, and Tennessee.
It's the federal appellate court with jurisdiction over the district courts in Ohio, Michigan, Kentucky, and Tennessee.
Q: I was sentenced in May 2015 to 24 hours community service and an anger management class. I haven't done my sentence yet
1 Answer
| Asked
in
Appeals / Appellate Law and Criminal Law
for
Colorado
on
Answered on Dec 11, 2015
Answered on Dec 11, 2015
Tristan Kenyon Schultz's answer
Talk to a lawyer about your options. You can ask the judge to suspend the sentence until your appeal is decided, but it is judicial discretion on whether to suspend your sentence. Also, be aware that there is a very short period of time to appeal a conviction; the notice of appeal can be as little as 10 days after final conviction.
Talk to a lawyer about your options. You can ask the judge to suspend the sentence until your appeal is decided, but it is judicial discretion on whether to suspend your sentence. Also, be aware that there is a very short period of time to appeal a conviction; the notice of appeal can be as little as 10 days after final conviction.
Q: How long does it take for the texas court of criminal appeals to make a decision?
Robert Jason De Groot's answer
Call the clerk and ask, or go online and see the dates that the most recent decisions from that court were filed.
Call the clerk and ask, or go online and see the dates that the most recent decisions from that court were filed.
Q: How many times can a case be appealed in federal court?
Robert Jason De Groot's answer
Giving no facts means that we cannot answer fully. It depends upon the facts.
Giving no facts means that we cannot answer fully. It depends upon the facts.
Q: Has there ever been any case where the MI Ct. of App. heard a case directly from a state agency skipping the cir. ct.?
1 Answer
| Asked
in
Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law
for
Michigan
on
Answered on Nov 13, 2015
Answered on Nov 13, 2015
Robert Jason De Groot's answer
You have an attorney, right? You have to ask your attorney all of your questions. Your attorney already knows all the facts and circumstances, we do not, and what you have written is quite confusing.
You have an attorney, right? You have to ask your attorney all of your questions. Your attorney already knows all the facts and circumstances, we do not, and what you have written is quite confusing.
Q: Once a case has been heard at the Missouri Western Court of Appeals, how long before an answer is handed down?
Robert Jason De Groot's answer
You asked this over 5 years ago. Asking your lawyer was the thing to do back then.
You asked this over 5 years ago. Asking your lawyer was the thing to do back then.
Q: What is the standard of review on an application for appeal in Georgia?
Robert Jason De Groot's answer
You have not even said what type of case this is. There are different standards of review.
You have not even said what type of case this is. There are different standards of review.
Advertisement
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
Advertisement
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Advertisement
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.