Dabney Finch’s Answers

Dabney Finch

Los Angeles Appeals Lawyer.

Contributor Level 13
  1. If a judge makes a wrong decision & you appeal,is it you vs the Judge,or still you vs the other party listed on the cover?

    Answered about 1 year ago.

    1. Dabney Finch
    2. Christine James
    3. Robert Bruce Kopelson
    4. Kenneth J DeMoura
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    Use the exact same caption as used in the Superior Court. If you are seeking a writ (which would be a lot faster if successful), then it is you vs. the court (not the judge) and opposing party is the real party in interest.

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  2. Would a Writ of mandate commanding the court to reverse it's order in a civil case have bearing on a criminal case.

    Answered 6 months ago.

    1. Dabney Finch
    2. Herb Fox
    3. James Roy Dickinson
    4. Jay Scott Finnecy
    4 lawyer answers

    You do have the option to request a hearing to have your PD replaced with another, by telling the judge you want a "Marsden" hearing. The judge will hear you out, without the DA being there or having access to any pleadings, and releive your attorney if s/he believes that is justified under the circumstances. Good luck!

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  3. Can my attorney refuse to file an appeal if he doesn't "think it will work"?

    Answered over 1 year ago.

    1. George Chakmakis Jr
    2. Michael Raymond Daymude
    3. Dabney Finch
    4. Terry David Horner
    5. Tara Kaylene Millan
    5 lawyer answers

    Yes. And given your attorney is on contingency, if he thought it would work he would move for reconsideration. I recommend you get a second opinion from another appellate attorney.

    9 lawyers agreed with this answer

  4. What is the main function of an Appellate Brief?

    Answered 12 months ago.

    1. Timothy A. Provis
    2. Dabney Finch
    3. Catherine Elizabeth Bennett
    4. Harold Ralph Burke
    4 lawyer answers

    It is never a good idea to bring up lots of issues, because the unimportant issues will make the important ones appear less so. You should consult with an appellate attorney about potential outcomes, because that will depend upon the specifics of your particular case. But generally, the COA will remand if you win, or just affirm the judgment if you lose. I strongly urge you to consult with one of the many excellent appellate attorneys here on Avvo before proceeding on your own.

    7 lawyers agreed with this answer

  5. 48 HOURS PREP TIME FOR NEW ATTORNEY THEN COURT, NOT ENOUGH TIME, MOTION IN LIMINE DENIED. CASELAW SUPPORTING DENIED CONTINUAN?

    Answered about 1 year ago.

    1. Dabney Finch
    2. Joshua Sachs
    3. Herb Fox
    4. John Ely Stobart
    5. Jonathan R. Miller
    5 lawyer answers

    Yes, there is, but this is not the place to obtain that information. If you are going to handle your own appeal, you should learn how to research issues like this. You can go to a law library, and much information is now available online. I highly recommend you hire an appellate attorney to assist you.

    7 lawyers agreed with this answer

  6. Appeal?

    Answered over 1 year ago.

    1. Dabney Finch
    2. Herb Fox
    3. Isileli Tupou Manaia Mataele
    4. Christian K. Lassen II
    4 lawyer answers

    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.

    7 lawyers agreed with this answer

  7. Will an appeal of judicial misconduct or denied due process stay proceedings in the lower court?

    Answered over 1 year ago.

    1. Dabney Finch
    2. Herb Fox
    3. Timothy George Kerrigan
    3 lawyer answers

    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.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Are jury instructions necessary to include as part of transcript on appeal

    Answered over 1 year ago.

    1. Dabney Finch
    2. Jeffrey Lewis
    3. Stephen C. Cooper
    4. Jason Bryan Wesoky
    4 lawyer answers

    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.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What are options on appeal of motion for SJ granted because no opposition was filed. Deadline missed.

    Answered 11 months ago.

    1. Dabney Finch
    2. Michael Raymond Daymude
    3. Kevin Samuel Sullivan
    4. Herb Fox
    5. Mary Candice Bryner
    5 lawyer answers

    If she hasn't already and the time hasn't passed she should file a motion under CCP 473 with a supporting declaration explaining why she missed the opposition deadline and putting in there her good arguments so there'll be a way to review that if necessary

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  10. With thousands of attorney's here in California, WHY would an out of state attorney be appointed to a defendant????

    Answered over 1 year ago.

    1. Dabney Finch
    2. Kelvin P. Green
    3. Michael Lawrence Doyle
    3 lawyer answers

    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.

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