On the Sept 4th due he filed a motion for dismissal of Appeal, no brief was filed. Motion was denied, on Sept 24, he filed for an extention to file Appellee Brief, both extentions were granted. what if anything can I do?
Assuming you are appellant, why should you do anything? The extension was granted and you should not be surprised if one or two more extensions are requested and granted. Pardon me for putting it bluntly, but only a jerk objects to a motion for extension of time, and you may need one yourself one day.See question
A habeas corpus brief from petitioner, was summited on February 09, 2015. The attorney General has not submitted a response brief. There has not yet been any further action taking in the presiding matter. Only been told that he's waiting on a de...
Is that federal habeas corpus? If so, my experience is that eight months from briefing is not a long time. The passage of time from briefing to ruling seems to me a good sign in a federal habeas case because it is usually much easier for the judge to deny a petition than to grant relief in a way that will withstand a prosecution appeal. So a judge who is considering granting the petition may work slowly and carefully. On the other hand, the fact that the AG has not responded (and I assume you mean that the AG has elected not to respond, rather than has merely asked for extensions of time) strikes me as a bad sign, suggesting that your case is so weak that the AG thought no response was necessary.
If yours is a state court habeas corpus case you should ignore my answer entirely, since I have no idea how habeas corpus petitions work in the Georgia state courts.See question
A witness went to the the police station when she found out they wanted her to come in for questioning. When she got there she was held and questioned for24 hours. Witness made two separate statements contradicting each other and has made several ...
"Thrown out" is newspaper usage with no legal meaning. Under certain circumstances a statement made by the defendant can be "suppressed", that is to say, the defendant's own statement to the police can be kept out of evidence. But that is not what you are asking about. If you are asking whether it is possible to keep this woman's out-of-court statements from being offered into evidence by the prosecutor, that is not a problem. Out of court statements of the kind you describe are hearsay and are not admissible, and the prosecutor will not even attempt to use them.* But the existence of a contradictory prior statement, or even of multiple contradictory prior statements, does not disqualify a witness from testifying. She can be called as a witness by either side, or by both for that matter, get on the witness stand, and give her testimony. But if she does that all of her prior statements become admissible in order to demonstrate the contradictions in the various stories she has told. Her prior statements do not become evidence of the truth of what she previously said (they are still hearsay, remember) but they can, and presumably will, be used to demonstrate that she is not believable. This is called impeachment. And of course any benefit that she receives from the police or the prosecutor in exchange for her testimony (like having her own charges dismissed or reduced) can also be established at trial.
So, can you prevent her from testifying? No. Can you show the jury that her testimony is unreliable, that she has told multiple different stories, and that she is receiving a gift in return for her testimony? Yes, and any good criminal defense attorney knows how to do those rather elementary things.See question
She is obsessed with me and keeps asking me out she is very mature for her age. I just want to know if I ended up saying yes could I face legal punishment? In the state of Illinois.
Just "dating" her, if that means, for example, taking her to the opera, is legal but this is a very, very dangerous situation. Even if you never touch her, the day may come when she turns on you, and her obsession turns to hatred. And when she goes to the police and reports that you regularly forced sex upon her, you are going to be in big trouble and could wind up on the bus to Joliet. You would not be the first one to be sent to prison on a bum rap. This young lady sounds like serious trouble. Keep far away from her and never be alone with her.See question
my brother is on year 10 of a 17 yr fed sentence for armed robbery in 2006. he was 19 when he got locked up and has since rehabilitated. everything I keep reading says you have only 14 days to file an appeal with federal court, but I've known ot...
An appeal is not what he needs and would not help him, even if he were not far beyond the time for filing one. My impression just from reading your posting and knowing nothing about his case is that there probably is no available remedy for him other than Presidential commutation, which is rarely granted. But it would not hurt to have an attorney review his case on the remote possibility that unusual circumstances might give him something to work with. This is not an off the cuff consultation but a serious review and evaluation of the case history and filings, and you should expect to have to pay for this level of evaluation. And although you can hope to find an avenue of possible relief, you cannot expect it.See question
I, the Plaintiff, filed an appeal in California Appeals Court. Defendant filed Motion to Dismiss before Appellant's Appendix and Opening Brief were filed. Ruling on Motion to Dismiss was scheduled on the date that the Appendix and Brief were due. ...
I cannot speak for what your California court has done, but in my experience with the state appellate courts in Illinois is similar to what attorney Bennett describes. A motion to dismiss is often "taken with the case," that is, the court does not rule on the motion until briefing and oral argument are completed and the ruling on the motion is included in the opinion deciding the case. If the motion to dismiss is granted, the opinion ends at that point. If the motion is denied, the court goes on to address the merits. It is often difficult to disentangle the issues presented by a motion to dismiss from the legal and factual merits of the case. "Irresponsible" seems to me the least accurate word you could have chosen to describe a practice that reflects care, patience and caution.See question
Which one is worst if i change my statement saying i lie or not showing up to court when im on a p r bond
It is difficult to imagine anything more unwise than trying to resolve a dangerous legal situation by asking questions on an online Q&A forum. Your two proposed alternatives both have the potential to get you prosecuted and you need attorney before you do anything.See question
-My court is about being arrested for marijuana posscesion and drug paraphernalia. -I dont have a lawyer thats why I need my court date moved up. - I love in Lake County in Illinois
There is no reason to advance the court date, which is what you asked about. Go in on the date set and ask the judge to continue the case because you need more time to find an attorney. Better yet, get on the stick and find an attorney tomorrow.See question
.What can be done once convicted if it was an unfair trial and defense was not allowed to prove their case? And witnesses were fed information from someone in the court taking notes and showing the witness before testimony?
There might possibly be a basis for an appeal in the case you describe, but not on the grounds you state in your posting. If those grounds would support any remedy at all, which is by no means certain to put it mildly, it is more likely to be a post-conviction petition than an appeal.See question
I need a pro bono or a lawyers willing to work a open and shut petition. Defendant was convicted of possession without ever possessing gun. Please help anyone or advice
You are living in a fool's paradise. An open-and-shut case on a federal habeas corpus? No such thing. And no lawyer is going to wander into the habeas corpus swamp on a pro bono basis, except just possibly one who does not have any concept of how federal habeas corpus works and what it demands. The district court is not required to appoint an attorney, either. All you can do is file a pro se petition, ask the court to appoint counsel, and hope that you receive an appointment order instead of what is much more likely, which is a summary dismissal.See question