Appellate Practice Legal Questions

Although I am a How To File An Appeal, I can offer some general information. If your Social Security Disability Insurance (SSDI) case has reached the federal appeal level, it likely means you are pursuing relief in the U.S. District Court after exhausting administrative remedies. Federal court appeals require a lawyer familiar with both Social Security law and federal civil procedure. You should seek a local attorney licensed in your district who handles federal SSDI appeals, as strict filing deadlines apply. Best of luck moving forward.... Read Answer

Although I am a Maryland Appellate Lawyer | Fourth Circuit Appeals Attorney Maryland Appellate Lawyer, I can offer some general guidance that may help. In most states, when a licensing authority (such as a lottery commission) issues a suspension, you typically have a right to appeal through an administrative process. This often requires filing a formal appeal or request for hearing within a short timeframe — sometimes as little as 10 to 30 days from the notice. You may be able to present evidence showing that the mistake was inadvertent and argue that a suspension is a disproportionate penalty. I recommend consulting a local appellate or administrative lawyer immediately to ensure you meet any deadlines and preserve your right to challenge the suspension.... Read Answer

Although I'm a Maryland child custody attorney, I can say that what you've described raises ethical concerns. Conditioning a potential amendment to your child’s alternative school placement on waiving your right to appeal could be interpreted as coercive. While the school may have discretion in placements, such conditions should not interfere with your right to challenge a tribunal's decision. You might consider consulting with an attorney who specializes in education law to discuss the specifics of your case and determine whether this behavior violates any legal or ethical standards. Acting quickly is important to protect your child’s rights and well-being.... Read Answer

Google Jacksonville criminal defense / appeal lawyers who provide free initial consultations, and ask them to look at the docket and discuss with him whether a) the sentence is contrary to the plea agreement, and b) whether he can still move to withdraw his plea. If he still has time to move to withdraw the plea, does so, and that is denied, he can appeal the denial of the motion to withdraw the plea. The grounds to appeal after a plea and sentencing are very limited, that is not the only one, but call around and find someone local to him who will provide a free consultation, then if they think they can help him, they'll tell you how much they'd charge.... Read Answer

Both have time limits - if I were in custody, I'd make sure I didn't miss any filing deadlines on things that might get me out of custody. Like a 2255. But by suit, it sounds like you mean civil litigation for the loss of assets - I don't know of any procedural or substantive reason why you can't file both at the same time.... Read Answer

I have no idea whether your matter involves a divorce or family court matter,  a civil claim for money damages or a chancery claim for some form of equitable relief, so its impossible for me or any other lawyer to give you competent guidance based on the information provided. My suggestion is that you sit down with a lawyer who specializes in appellate practice in the area connected to the underlying claims ( divorce, civil or chancery proceeding) to understand why you lost at the trial level and lost at the appellate level. Make sure that you bring with you everyone of the underlying orders and statement of reasons by the trial court and every decision by the appellate court and all filings in support of and in opposition to your appeals so that he can read through them. ONce he has read them and understands the claims and the decision of the trial and appellate courts, he can then give you guidance as to whehter you have any basis for relief in the state court system or whether he thinks that you have a proper basis for relief in the federal court. ... Read Answer

"Stipulated" means that the parties have agreed to the dismissal, although they are asking the Court for approval of the dismissal - which is usually necessary.  The term "with prejudice" generally means that following dismissal the parties would not be able to re-file the dismissed claims.... Read Answer

You only had 42 days to request an attorney be appointed, if you were indigent, however, you can still appeal because you have 6 months from the date that you were sentenced, to file an appeal in the Court of Appeals.  I specialize in criminal appeals throughout Michigan and I could help you, or you can find another attorney that handles criminal appeals. ... Read Answer

You can still file a motion for relief from judgment, commonly called a 6500 motion, in the Circuit Court.  If you can establish significant error, you may be able to reopen your case.  We file these types of motions often.  It is important to have an attorney on this type of a case, because it is a once in a lifetime, last chance to raise errors that were not raised before.  When we answer questions like this, wea re not allowed to specifically tell you to call us, so find any attorney by using the information on this site, in order to decide on your own who to contact.  When you find someone, you can click on their name, in blue, and it will take you to their reviews and contact information.... Read Answer

Unfortunately the question raises more questions. An answer to a question you didn't necessiarly ask is that once an appeal is docketed, the District Court of Appeals can grant extensions of time in which to file an initial brief. You should consult a Florida appellate attorney with the specifics of your case to find out the answer you're actually looking for.... Read Answer

There are qualified criminal appellate and postconviction attorneys all over the state who will provide a free initial consultation if you reach out to them with more details and so they can ask questions to determine what, if anything, you can do at this point. Most of your options went away when you pled, but truly newly discovered evidence might be of use.... Read Answer

Unfortunately, there isn't enough information in your question to try to answer. It isn't clear what paperwork the State might file that would have anything to do with your son appealing a criminal case. In Florida, your son's attorney has certain professional obligatons to file specific paperwork if your son wants to appeal, not the State. Because you say you're looking for appellate counsel already, the best suggestion I have is to do that: there are a number of qualified criminal appellate attorneys all over the state who will be happy to give you a free initial consultation, and get the details from you that may help them answer your question. Wishing you and your family the best, Keith... Read Answer

I hate having to sound like a lawyer, but your brother should avail himself of one of the many Florida criminal postconviction attorneys who offer free initial consulations. There are many, all over the state, who will request his name and case number, look at the relevant docket entries, and advise you about what options he may have available and whether Florida Statute 900.06 will impact your brother's situation when it goes into effect July 1, 2019. ... Read Answer

Those are actually two much more difficult questions to answer than you might think, especially if the conviction happened over 18 years ago. The best I can tell you, I'm afraid, is to call around for appellate / postconviction attorneys who provide free initial consultations, so they can get the details necessary to discuss what options your loved one still has. Best of luck to you and your family.... Read Answer