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David Zuckerman

David Zuckerman’s Answers

79 total


  • If a case does not say unpublished opinion at the top but does say this

    "A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record " Can it be used as Case Law?

    David’s Answer

    Those words are exactly how Washington courts say that the opinion is unpublished. In Washington, an unpublished opinion cannot be relied on for precedent.

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  • Difference between PRP & Mandamus?

    What is a difference between a writ of mandamus or a personal restraint petition. When is one more appropriate over other in a criminal law proceeding? Also who would you recommend as best attorneys for these?

    David’s Answer

    I agree with Lenell's answer. I'd just add that a writ of mandamus is used to compel a government agent to act. For example, if a judge has been sitting on a motion for a very long time without ruling on it, mandamus might be appropriate. But it can't be used to overturn a conviction based on legal errors.

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  • How do you get an appeals attorney?

    Are there any appeals attorneys that do pro bono to appeal a case? If not can the person do the appeal without an attorney and how you do it?

    David’s Answer

    If this is a criminal case, and you're too poor to hire a lawyer, you can ask for one at public expense. But there aren't many other types of cases where that's an option.

    There is a "limited means" clinic at the UPS law school that tries to find lawyers who will take on cases for free or for a reduced fee.

    Handling an appeal on your own would not be easy. It's not as if you just fill out some sort of form. You'd have to learn an awful lot of law.

    Good luck!

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  • How do I get a Clerk's Sub # for the Designation of Clerk's papers required by the Appeals court?

    I am trying fill out the Designation of Clerk's papers for my appeals case and it is asking for the clerk's sub #. I have already completed my Statement of Arrangements and I am assuming that my Designation papers should have corresponding dates w...

    David’s Answer

    • Selected as best answer

    The Clerk's papers consist of documents that were filed in the superior court regarding your case. You need to specify which of those documents are needed for the appeal. For example, if one of your appeal issues concerns the denial of a particular motion, you should designate any documents relating to that motion.

    The sub numbers are also called docket numbers. Whenever a pleading (document) is filed with the clerk, a number is assigned to it. You can use the Washington Courts website to print out a complete docket sheet from your case. It will give you the sub number for each document. Or your can go to the clerk's office and ask someone there to print a docket for you.

    If you can't get this done by Friday, you can file a motion for an extension of time. Be sure to explain why you weren't able to get this done sooner.

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  • I want to request an appeal for my divorce trial. How do i do this? How long do I have to do it? When will it happen?

    I informed the Judge that the GAL was biased. The Gal wrote in her report about my ex's sister in take about visits in her home. But the GAL never contact the paid 15 yr experienced supervisor/ GAL or requested an intake & ignored all communicatio...

    David’s Answer

    A notice of appeal must be filed within 30 days of the entry of the final judgment. You might consider consulting with a lawyer to see whether you have any chance of success on appeal. Typically, the Court of Appeals will not overturn the trial court's findings regarding witness credibility.

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  • Do I file an Appellate Brief at the same time I file my appeals notice?

    I need to file for an appeal on a meretricious case. I have my appeals notice ready to file. I just cannot find the information that tells me if I file my brief at the same time I file my notice. It is due by the 15th. Also it says that I must ser...

    David’s Answer

    Washington's rules of appellate procedure explain the various deadlines. You'll need to spend a lot of time going over those rules if you're handling the appeal yourself.

    If what you're filing is an appeal as of right, rather than discretionary review, you're a long way off from filing an opening brief. First, you file the notice of appeal, then a statement of arrangements and designation of clerk's papers, then an opening brief.

    As for filing: you can simply serve copies on the opposing party and the appellate court by mail. If the mail goes out on the same day you file the notice in the superior court, your service is proper. You don't have to drive to Seattle.

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  • If a party want to appeal a family court ruling in King County, when does the party need to file the appeal for reconsideration?

    When a commissioner or a judge made a ruling, when does the party need to file for reconsideration or appeal?

    David’s Answer

    You've raised several issues. First, after a commissioner makes a ruling, a party has 10 days to to file either a motion for reconsideration (asking the commissioner to change her mind) or a motion for revision (asking a superior court judge to overturn the ruling of the commissioner). It's possible to file both, in which case the time to file a motion for revision is 10 days after the motion for reconsideration is denied.

    After an adverse ruling from a superior court judge, there is again a 10-day time limit to file a motion for reconsideration. If no such motion is filed, the deadline for filing a notice of appeal to the court of appeals is 30 days. If a timely motion for reconsideration is filed, the deadline is 30 days from the ruling on the motion for reconsideration.

    If no motion for revision is filed, the final ruling of the commissioner becomes the ruling of the superior court. The deadline for filing an appeal to the court of appeals is then 30 days from the commissioner's ruling.

    I have not attempted to explain in this response what rulings of the superior court can or can't be appealed to the court of appeals.

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  • Would any lawyer be interested in taking a high profile apeal case pro bono in Seattle?

    I am desperatley searching for a pro bono apeal lawyer that would be willing to take a high profile pimping, tampering and exploiting case in Seattle. This will definitley require a very skilled and savvy lawyer so please if you are out there you ...

    David’s Answer

    I don't know anyone who would take on your appeal pro bono. But don't be afraid of public defense for your appeal. Most of the appellate defenders in this area are quite good.

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  • What is next after the First Appeal?

    My husband got convicted of first degree assault with a deadly weapon. We got the appeal decision back and need to move on to the next step. I am looking for an experienced attorney to help us. The last 2 were indigent lawyers, so of course they d...

    David’s Answer

    As Mr. Well explained, it's possible to ask the Washington Supreme Court to review a decision of the Court of Appeals. It's not clear to me whether you've already done that. Seeking review in the Supreme Court is mandatory if you'd like to preserve the option of filing a federal habeas petition at some point.

    After you've taken the appeal through the Supreme Court, the next step may be to file a personal restraint petition (PRP).

    I'm too busy right now to take on a new case, but if you'd like to give me a call, I'd be happy to refer you to some lawyers who would do a good job. My number is 206-623-1595.

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  • If I appealed a criminal conviction, and the appeal lawyer was ineffective, can I appeal?

    I think my appeal lawyer did not argue a lot of important issues that would have made a stronger case for reversal. If my direct appeal is denied, can I appeal the decision by raising the neglected issues and citing ineffectiveness of appellate co...

    David’s Answer

    In Washington, a criminal defendant can file a personal restraint petition (PRP) after losing a direct appeal. You can raise claims in the PRP that were not raised in the direct appeal, whether or not your appellate lawyer was ineffective. However, you may get a better standard of review on a claim if you can convince the court that your appellate lawyer was ineffective in failing to raise the claim.

    The procedures for PRPs are quite complicated. You'll need to spend a lot of time studying up if you're thinking of attempting it without a lawyer.

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