Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I am involved in a wrongful death case, currently at a federal district court in Illinois, citing diversity of citizens. In my arguments, I referenced a Mississippi Supreme Court case that interprets the Restatement (Second) of Conflict of Laws, relevant to similar diversity cases. However, the... View More 
answered on May 13, 2025
Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting... View More
I was in prison when new charges were filed against me. About three months after a detective spoke to me in prison, I later discovered these charges had been formally filed, but I was not made aware of them during the remaining year of my prison term. No notifications were provided to me regarding... View More
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answered on May 12, 2025
Due process typically refers to you having the right to have any criminal case go through a court system, where you will eventually have your days in court to contest any charges. What it sounds like might be an issue is if you were served properly with a summons before the judge issued a warrant.... View More
I have a question regarding an individual who currently has withholding of removal status. If the person receives a notice of intent to terminate this status and is asked to appear before an asylum officer to present evidence, is the officer's decision final? Can the individual request a... View More
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answered on May 7, 2025
Yes, withholding of removal can be contested beyond an asylum officer's decision. Unlike asylum, withholding of removal can only be granted by an Immigration Judge (IJ), not an asylum officer.
If an asylum officer denies withholding of removal, the case may be referred to an... View More
In my civil slip and fall case, the appeal was affirmed and I lost without ever having a trial. I'm looking for specific guidance on what options I have next in terms of legal actions or pursuing compensation. Could you advise on possible errors in the appeal process and whether seeking a... View More
answered on May 6, 2025
There is no trial in an appeal. An appeal is not a second trial or a chance to introduce evidence. Unless your case presents novel theories under Florida law, it's a slim bet that the Florida Supreme Court would take your case. The only way for you to know is to retain an appellate attorney.... View More
I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More
answered on May 5, 2025
The misfiling of a subpoena by a clerk will not void a case. Worse case, it will prevent you from having a court issue a capias for a recalcitrant witness until you correct the misfiling.
You can obtain a new or amended return of service of the subpoena from the officer, process server, or... View More
I lost my case because a subpoena for a witness was misfiled by the deputy clerk, who does not have an oath of office. The deputy clerk is the sheriff's daughter, and although I notified the sheriff about this violation, he has not taken any action. I have evidence of the misfiling and... View More
I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More
answered on May 5, 2025
First and foremost, you should file a motion to extend the time to file your brief for an additional 30 days. If this is a first extension, it will likely be granted. You can cite errors in the Clerk's record as good cause for the extension.
Second, you need to retain a lawyer who... View More
I am dealing with several issues regarding incorrect appellate records, including wrong courts, case numbers, and exhibits. My access to the appellate record is limited, and the clerk denied correction efforts by not ensuring the record is correct despite realizing I am aware of the appeal. The... View More
answered on May 5, 2025
I further note that the filing of an appeal does not stay whatever judgment the trial court entered against you. Unless you post a supersedeas bond, or cash in lieu of a supersedeas bond, the mere filing of your appeal will not stop the other side from garnishing your bank accounts or seizing any... View More
My daughter was charged with aggravated burglary in Ohio in July 2024 after allegedly kicking in her boyfriend's door and having a physical altercation with a girl inside. It seems her rights may be violated as nobody has testified at any of her court dates over the past 10 months. Recently,... View More
answered on May 3, 2025
Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.
Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused... View More
I am involved in a probate case where the most important evidence was deliberately concealed from the court by my own attorney, resulting in an unfavorable ruling. I have strong proof of this concealment, including several pages of requested documents and over 80 canceled checks. I have already... View More
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answered on May 2, 2025
There is no way to ensure that the evidence is brought out. But you can (and should have already done so) put the evidence and witnesses together. Why did you not complain before and during the hearing? If you have the evidence or alot of it, you should have filed a Rule 59 Motion first.... View More
I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More
answered on May 2, 2025
Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.
Normally, in a divorce situation, a court cannot order an adult to return... View More
I received a "Right to Sue" notice from the EEOC on 08/14/2024 and filed my discrimination case in court on 11/08/2024, within the 90-day period. I served the defendant on the last day of the legal period, 03/04/2025, but I wasn't aware I had to notify the court of the service. As a... View More
answered on Apr 29, 2025
No. Your case will be barred at this point. But you may have a claim against the attorney or process server who handled serving the defendant on your behalf.
My son was arrested in Texas for assault with a deadly weapon, although he claims it was in self-defense. One of the men involved intimidated and injured him. The lawyer didn't pursue this defense, and he felt pressured into accepting a plea deal due to the threat of a longer sentence. The... View More
answered on Apr 29, 2025
If your son plead guilty, he cannot appeal his conviction based upon the claim of self-defense. None of the evidence supporting such a claim will even be relevant. He would need to appeal on the ground that his plea of guilty was not voluntary. For example, he theoretically could show that, at... View More
I was originally tried in Miami-Dade County, Florida, where a mistrial was declared following an improper Richardson hearing conducted by my attorney from the public defender's office. My attorney moved for a mistrial, citing a violation of double jeopardy rights evident on the record. I was... View More
answered on Apr 29, 2025
You can always raise issues in post conviction relief whether good or bad. The more focused part of your scenario deals with the motion for mistrial. Oftentimes, the motion for mistrial is a waiver of the double jeopardy claim. In your scenario you do not clearly state the reason for the mistrial,... View More
In February 2025, a judge signed our divorce settlement stipulation order. My spouse is now changing the terms, which were not part of the original agreement. Specifically, he has not complied with payments, the return of my belongings, and my child's passport. The original stipulation... View More
answered on Apr 28, 2025
To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
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answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
I was falsely accused of assault by a woman who I have had disputes with for 12 years due to her negative views about gay people. I lost my case in the Supreme Court of Maine because I did not have legal representation. I did not start the argument that led to these accusations. I'm looking... View More
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answered on Apr 14, 2025
If your case was already appealed to the Maine Supreme Court then the only other avenue for an appeal is to the United States Supreme Court. In order to have the U.S. Supreme Court hear an appeal an application must be filed with the Court within 90 days of the date the Maine Supreme Court denied... View More
In my custody case, a judge signed an order after a court date in early January 2025, where the judge was absent and it turned into a calendar call. My lawyer has not communicated with me since early March, and I received no notice about the order being presented or signed. My ex forwarded me a... View More
answered on Apr 16, 2025
You should speak to your lawyer. A judge would not have entered an agreement that was not signed by either the parties or their attorneys. But a judge can enter an order with what they have determined to be their ruling. The only way to clarify what happened in your case is to talk to your... View More
In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More
answered on Apr 12, 2025
Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More
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