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Kimberly S. Keller's Answers
- 55 Legal Answers
- 0 Legal Guides
2
Attorney answers:
How should I proceed if appellate court reverses and remands?
You should hire an attorney. You were 3 weeks out of trial when the case went up on appeal. That trial setting is gone, & the next trial setting could be months down the line depending on the trial court's schedule. The discovery deadlines and other deadlines are usually tied to the trial date, sonyou could be looking at extended litigation.
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3
Attorney answers:
Where to file?
You file your writ in the same court that convicted & sentenced you.
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4
Attorney answers:
My brother was falsely accused by his girlfriend of molesting her 9 yr old daughter.
Depending on whether a direct appeal was filed, your brother's deadline for filing a petition for writ of habeas corpus has likely expired. It sounds like he knew of the information that was potentially helpful, but decided to not present that to the court, whether based on a legal ruling or the advice of counsel. So, it is unlikely that the deadline will be tolled (due to "newly" discovered evidence). The best advice I can give you is to visit with a Texas criminal defense attorney who can...
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3
Attorney answers:
If a waiver was signed can a appeal still be submitted?
The argument you make is that the guilty plea was not voluntarily made, i.e., that you went into the plea proceeding unaware of your rights, etc., and that, because the plea was not voluntarily given, the appeal waiver, as well, was not voluntarily given. Usually, there are also exceptions to the appeal waiver if what you want to complain about relates to ineffective assistance of counsel with regard to the guilty plea or prosecutorial misconduct.
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2
Attorney answers:
Hi I have a arbitration case
arbitration rulings are very difficult to appeal & the issues available to appeal are very limited. if you were not represented by an attorney previously, you should consult one immediately to ensure no deadlines are missed.
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2
Attorney answers:
I have briefing scedule to the BIA but my lawyer quit my case before the due date of filing my appeal brief,my quistion is
You can file a pro se motion for extension of time, explaining how the leaving of your lawyer is due to no fault of your own.
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4
Attorney answers:
My appeal is being reviewed by the judges and it's been 5 months since it went before thepanel. How long does a decision take?
Appellate courts have no firm deadlines to issue opinions. Certain courts will prioritize criminal cases over civil, but still, there is no time limit.
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2
Attorney answers:
Help Filing a Habeas Corpus
There are forms available that can allow you to file your petition on your own. The forms are very self explanatory and pretty easy to use. Check the website of the federal district court (if you were convicted in federal court) or the website for the state bar (if you were convicted in state court) to see if you can locate the available forms.
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2
Attorney answers:
The appellees time to file their brief has passed what can we file to claim summ/def. judment in the 5th Cir. Court New Orleans
I can't tell from your requesting if the appellee's brief was filed late or just not at all. If late, then the Court can grant leave to consider a late-filed brief, so you can file a motion to strike the late-filed brief and contend there is no good cause justifying the late filing. If no brief was filed at all, you can file a motion for summary disposition of the appeal and request the Fifth Circuit set your case for submission (and rule in your favor) in light of the appellee's failure to...
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2
Attorney answers:
Is there a way to re-try a plea bargain case that was poorly handled by the defense attorney? The case was sentenced Feb. 2010.
Most of the time, when you enter a plea agreement, you swear under oath that you are guilty of the offense and that the allegations made by the Government are accurate. By making false statements under oath, you subject yourself to prosecution for perjury. Thus, there is a real concern in withdrawing a plea agreement. But, if the plea was not voluntarily entered and there is a way around the perjury issue, you can challenge the plea by way of writ of habeas corpus (usually the deadline for this...
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