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Help what do i do?i did case pro seI am under a legal mental disabuility coiuldnt think though all my

New York, NY |

arguments until it got to appeals. they approved me to send in additional info then rejected it as not being part of lower court record.they tell me i can add it in then deny it.i asked for rehearing on this. basically didnt say everything i needed to the first time. what will happen?

Attorney Answers 4


  1. Appeals courts generally only decide based on what is argued in the lower court.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Sounds like they accepted your motion to supplement the record on appeal. That doesn't mean that you can supplement it with material that was never before the lower court! Just because you can "add stuff" doesn't mean you can add whatever you want.

    Unfortunately, what is most likely to happen is that you will lose.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  3. Depends on the type of court you were in, the type of appeal, and the type of court you are appealing to as to whether you can bring in additional or new information.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  4. Perhaps your case is over. Depending on what kind of case it is, if there is a change of circumstances, file again.

    Good luck.

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