I understand you are in a world of hurt and feel you are being treated unfairly. But I don't believe anything you've said constitutes ground for an appeal.
I highly recommend you get advice from another family law attorney before proceeding further.
It depends. Matters directly relevant to the appeal are stayed, but not other matters, such as motions for attorneys fees. Without more information, it is not possible to categorically answer your question. I recommend you hire an appellate attorney through Avvo to help you with this. It may turn out that a writ is necessary to obtain a stay.
Yes, jury instructions are part of the normal record on appeal. But if there is no other mention in the Reporter's Transcript of any discussion about jury instructions, any objections off the record will have been waived. So only jury instructions that must have been given sua sponte would be a basis for appeal. If you're filing an appellant's appendix in lieu of requesting a clerk's transcript you should only include the jury instructions if you have an issue pertaining to same.
The attorney may have originally been from Tennessee, but would have to be licensed to practice law in California. If the attorney was appointed by the court of appeal, she is an appellate attorney--she would not have to be certified to be an appellate attorney. When there are no grounds to appeal, an attorney files what's called a "Wende" brief.
Yes. Appellate attorneys are not allowed to file frivolous briefs--meaning where there was no legal error at the trial level to argue. A competent attorney will file a Wende in such a case because that means the court of appeal has to review the entire record--again--as further protection for the appellant. I presume your attorney is with ADI, in which case at least two other attorneys review the record before it's even allowed to be a Wende brief. You are well covered!
I could not agree with my colleague more. But will nonetheless attempt to answer your question. The defendants should be named exactly as they were on the pleadings filed at the trial level. For example, "John Doe, et al." The case name would be your name v. John Doe, et al. Hope this helps but you really should seek representation if you want this done right. Good luck!
Yes, in criminal cases that would be ineffective assistance of counsel. But the instances you've cited would most likely be considered trial tactics. The standard is very high--such that no reasonable attorney could possibly have done what your attorney did, and it was so bad you did not get a fair trial. On the other hand, if your case is civil, you would have to sue for malpractice, that is not grounds for appeal.
Your only remedy is to file a petition for rehearing on the basis described. If Division Three (I'm guessing by your location) decides there was a due process violation, it will grant another oral argument. If, on the other hand, appellant was cut off by questions from the panel (as opposed to categorically), the petition will likely be denied.
You're starting at the wrong end. The first question is, what--if anything--went wrong during the trial that prejudiced the losing party. The next question is what is the standard of review; then ask what is the remedy if we do obtain a reversal; and then you may want to ask whether it's likely you will get a reversal. Finally you might want to ask whether it's worthwhile to proceed, balanced against the cost of an appeal. That's the way professional appellate attorneys address these issues....