Appeals / Appellate Law Q&A by State

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Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Florida on
Q: Victim sent a notorized statement that my husband did not commit the crime after 21 years. He has a life sentence.

My husband was charged with robbery with a weapon and sentenced to 15 years to life he currently has been incarcerated for 21 years the victim recently sent a notarized statement stating my husband was not the person who committed the crime ,he stated who the real person who committed the crime was... Read more »

Keith Upson
Keith Upson answered on Apr 27, 2020

This is, of course, a very difficult situation to be in, and it isn't a simple process. There are many many qualified licensed Florida attorneys who handle postconviction work for inmates and their families who will be happy to give you a free consultation - there is more information needed to be... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Juvenile Law for Florida on
Q: If dcf has started and investigation and files a petition..

If dcf files a petition for an emergency removal and the statments they have obtained and are using as evidence in the petition can be proven untrue example, "if they say they have spoken to someone but they actually have never spoken to them" what can the parents do about the situation in regards... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 26, 2020

The family will have to hire a lawyer to represent the PARENTS of the child now in DCF’s care.

2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: How can we find out if there is any motions to a case? I want to file an appeal for a retrial
Jeffrey H. Garland
Jeffrey H. Garland answered on Apr 24, 2020

You might call up you trial level lawyer and ask what sort of issues might work on appeal. During this conversation ask about motion, evidentiary rulings and so forth. You could also go onto the clerk’s electronic docket and download copies of all interesting documents. Being so informed you... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I would like to speak to someone regarding a pro bono appeal attorney. I am extremely unfamiliar with legal issues.

I'm really not sure where to start. Thank you. Mindy Myers

[email protected]

740-438-4657

Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

It would be best for a Michigan attorney to advise you, but it is important for you to learn sooner than later that this is not an attorney referral service. It is only a Q & A board. Time is of the essence in virtually any type of appeal, so it would be better for you to start making phone calls... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Child Support on
Q: Hello, I'd like to know what consequences would a child (9yo) have if they killed their friend in a religious "way"

It's for a book, a boy kills his "possessed by the devil" friend after an exorcism fail, he and his aunt, a specialist in exorcisms, are charged, but want it to be legally accurate

Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

There is no universal national treatment of this. Depending on the state where your story takes place, the matter would be governed by their laws. You could check with attorneys in the state where the setting for your story is. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: If an inmate's case gets overturned while he's in prison shouldn't he get out of prison immediately?

His projected release date is still 13 years away on the scdc website.

Ryan D Templeton
Ryan D Templeton answered on Apr 22, 2020

It really depend on the basis for the case being overturned. In many cases the state will try the case again so bond has to be set to make sure that person shows up for the next trial.

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: Is it qualified to issue a workplace restraining order?

Broadcom Inc issued a workplace place restraining order to against me. I left the company 3 years ago. I contacted some of my coworkers and managers because my life is heavily disturbed by the manager who wrongly terminated me by cheating the HR in the past three years. And I asked their help to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 19, 2020

I am sorry but no one can know the answer to your question without far more information. However if the court has granted the restraining order, you better not violate it. If you wish to challenge the restraining order you will have to locate and consult with an attorney who can be allowed to... Read more »

1 Answer | Asked in Appeals / Appellate Law for Louisiana on
Q: What can I appeal for

Hi my Dad has been accused of 2nd degree murder but he had taken a plea to drop the charges to manslaughter for 40 years he has until November to appeal. What do you think we can appeal for and get?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 12, 2020

A criminal attorney would have to get a lot more details to answer your question.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's not... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... Read more »

1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Apr 11, 2020

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

You could repost this under the Military Law section. It is not an ordinary appeals matter in a civil court. You could also consider reaching out to military law attorneys you find under that section, or ones you find on your own independently on the outside to see if they could offer you a free... Read more »

Q: Ex parte snow I remember this case

$91,000,000.00

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You posed under Admiralty/Maritime but there wasn't a maritime law question here. Good luck

Tim Akpinar

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Wisconsin on
Q: Hi is there a statue of limitations on appealing a general court martial
Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

You should repost your question in the Military Law category. You're asking about something which is outside normal civilian appellate practice. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer would do

I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the case 2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Ohio on
Q: Okay I need a little help I am not understanding my husbands appeal case state vs Foti 439 11district Ohio .

What dose it mean dose he still have 6 yr sentance or not ?? Please put this in simplified terms for me thank you Tanya foti

Matthew Williams
Matthew Williams answered on Mar 26, 2020

They sent it back for resentencing on the one case but upheld the rest. So right now, he has three years plus whatever he gets at resentencing. The end result will almost certainly be exactly the same. But the trial court has to impose individual sentences for each offense.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: IS THERE ANY ATTORNEYS AT THE OHIO SUPREME COURT THAT CAN ASSIST ME ON MY APPEAL? IF SO, WHAT IS THE PROCESS ON ASKING?
Matthew Williams
Matthew Williams answered on Mar 23, 2020

Any private attorney could assist you. The attorney who work for the court will not as that is not their job. Depending on the nature of the appeal legal aid or the public defender may be willing to help.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for North Carolina on
Q: After you obtain disability attorney, Is there anything they can't tell you by law?

I've asked couple of questions that my attorney will not answer. I'm in North Carolina,my disability case is very important to me. Example of 1 my questions- Do I need to get my current Dr to write a letter or fill out any paperwork for my upcoming disability hearing?

Attorney- I can't... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

It would be best if a North Carolina attorney advised you, but you await a response for four weeks, and the whole matter may be moot by now if you already had the hearing you mention. But as a general matter, attorneys should be able to share information with clients - their role essentially makes... Read more »

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