Jason Wendell Blanchard’s Answers

Jason Wendell Blanchard

Augusta Litigation Lawyer.

Contributor Level 9
  1. Are prior-sworn affidavits considered hearsay?

    Answered over 2 years ago.

    1. Jason Wendell Blanchard
    2. Matthew Paul Krupnick
    2 lawyer answers

    FRE 803(5) does not except items from hearsay based on the type of document. Whether or not the affidavit falls into 803(5) will be based on the content of the affidavit and when it was prepared (was it made when the matter was fresh in the witnesses memory, close to the date of the occurrence, etc).

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  2. Is it common for a federal judge to be the person to postpone a scheduled sentencing for a conspiracy? And why?

    Answered almost 2 years ago.

    1. Mark P. Maciolek
    2. Joseph A Lo Piccolo
    3. Jason Wendell Blanchard
    4. Joshua Sachs
    4 lawyer answers

    It's common for hearings to be rescheduled at the last minute for a host of reasons, some of which have been mentioned by the attorneys commenting above.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do the prosecuters appear at the court of appeal if your attorney does an oral argument?

    Answered almost 4 years ago.

    1. Jason Wendell Blanchard
    2. Phillip Darrell Kimbrell
    3. Lee William Fitzpatrick
    3 lawyer answers

    The time to file an appeal is typically 30 days, but you should seek counsel from an attorney to determine the time based on the specifics of your case. If you file an appeal and it goes to the Court of Appeals, there will not necessarily be a hearing. Many times, the Court of Appeals will decide the matter on briefs (submitted argument in writing) only. You may request oral argument, but it is rarely granted in the Court of Appeals. If your appeal goes to the Georgia Supreme Court, you can...

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  4. What legal action can i take aginst my ex for filing taxes on my kids.

    Answered almost 2 years ago.

    1. Christopher Michael Larson
    2. Jason Wendell Blanchard
    2 lawyer answers

    You also need to review the divorce decree to determine if your ex-husband is in violation of the Court's Order. If so, you can file a motion to hold your ex-husband in contempt for violation of the order.

    2 lawyers agreed with this answer

  5. LLC STORE BEING SUED BY VENDOR FOR 15000 THAT WAS DUE IN MARCH. SIGNED A PLAN BUT CANT AFFORD TO PAY

    Answered almost 2 years ago.

    1. Dean Richard Fuchs
    2. Jason Wendell Blanchard
    2 lawyer answers

    In addition to Dean's comment, if there are other debts that the LLC is having trouble paying, you may need to seek advice from bankruptcy counsel.

    2 lawyers agreed with this answer

  6. After a settlement has been agreed to in EEOC mediation (using employer General Release)

    Answered almost 2 years ago.

    1. Jason Wendell Blanchard
    2. Lisa Morgan Edwards
    2 lawyer answers

    It is certainly a factual issue as to whether you breached the confidentiality provision in the agreement. Unless the employer can produce a witness or some form of documentation showing that you breached confidentiality, you should prevail. If thee employer has evidence that a breach occurred, it would be up to a Judge to determine if the breach happened after the agreement was signed. You should start by talking with the EEOC and attempt to get the EEOC to resolve the dispute. If that...

    2 lawyers agreed with this answer

  7. Would this situation be termination or resignation?

    Answered over 2 years ago.

    1. Jason Wendell Blanchard
    1 lawyer answer

    Even though you techinically quit when you walked out, I'd argue to the Department of Labor that you left when you were informed of your pending termination and, as such, you are due unemployment benefits for being terminated. You weren't terminated because you walked out, you left when informed of your termination. Assuming that you were without fault in the company's decision to terminate you, you should get unemployment. I'd retain a lawyer for the unemployment hearing if I were you.

    1 lawyer agreed with this answer

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  8. How can i appeal to waive Home Owners Association fee?

    Answered over 2 years ago.

    1. Jason Wendell Blanchard
    2. Randall M. Lipshutz
    2 lawyer answers

    Assuming that you are in a mandatory association community, you are obligated to pay the fee. If the Association is not living up to its required obligations, you should send a letter to the association demanding that specific changes be made, within a specified time period (such as 30 days). If the problems have not been remedied by that point, you should consult an attorney on how to proceed with a potential lawsuit against the association (possibly a joint lawsuit with other concerned...

    1 lawyer agreed with this answer

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  9. What are an Employees Right concerning Leave of Absence v/s FMLA?

    Answered over 2 years ago.

    1. Jason Wendell Blanchard
    1 lawyer answer

    This area of the law is complicated, so you will likely need to see an attorney to provide more information in order to receive a detailed analysis of your issue. Generally, the first step is to determine if your employer is covered by FMLA, certain small employers are not covered (however, you may have rights under an employment contract or rights granted in an employment handbook). If your employer is covered by FMLA, the employee can take up to 12 weeks of unpaid leave (with certain...

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  10. In the state of Georgia, if a landlord does not complete a move-out inspection within 3 business days, can they keep deposit?

    Answered about 2 months ago.

    1. Jason Wendell Blanchard
    1 lawyer answer

    The landlord is required to comply with the 3 day time period under OCGA 44-7-33(b). If the landlord does not comply with that time period, the landlord cannot keep any portion of the deposit as stated in OCGA 44-7-35(b). If the landlord keeps the security deposit wrongfully, the tenant can sue for 3 times the deposit plus attorney's fees under OCGA 44-7-35(c). However, there is one catch, according to OCGA 44-7-36, these provisions do not apply to a landlord who is an individual (as opposed...

    1 lawyer agreed with this answer