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Steven M. Vartabedian

Steven Vartabedian’s Answers

9 total

  • Nevada supreme court appeal

    Steven’s Answer

    You will need to first check the express language of the supreme court opinion regarding the award of costs on appeal. If you are awarded costs without an express statement of amount of award, the opinion may state, for example, that the determination of the precise amount of costs to be awarded is remanded to the trial court for determination. The importance of the issuance of the remitittur, only one of which is normally issued by the ruling court, is that it signals when the opinion is final. So that once the remittitur is issued, the judgment contained in the opinion goes into effect, including a party's ability to enforce any orders made therein, such as a cost award. Even then, the judgment of costs and actual collection of costs are two different things. Once you have a judgment, it is not automaticaly paid. You still have to collect it, which may require additional legal procedures that can take further time which is not readily estimable.
    This answer is not intended as legal advice and does not form an attorney-client relationship. It is intended to provide public education.

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  • Nevada supreme court appeal

    Steven’s Answer

    You will need to first check the express language of the supreme court opinion regarding the award of costs on appeal. If you are awarded costs without an express statement of amount of award, the opinion may state, for example, that the determination of the precise amount of costs to be awarded is remanded to the trial court for determination. The importance of the issuance of the remitittur, only one of which is normally issued by the ruling court, is that it signals when the opinion is final. So that once the remittitur is issued, the judgment contained in the opinion goes into effect, including a party's ability to enforce any orders made therein, such as a cost award. Even then, the judgment of costs and actual collection of costs are two different things. Once you have a judgment, it is not automaticaly paid. You still have to collect it, which may require additional legal procedures that can take further time which is not readily estimable.
    This answer is not intended as legal advice and does not form an attorney-client relationship. It is intended to provide public education.

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  • Will you help me by giving me your opinion on 3 points of appeal? Do you consider them strong points?

    Steven’s Answer

    Your question illustrates the importance of a cardinal rule in appellate matters. That rule is that normally unless an objection is timely raised and perfected in the trial court, the argument will not be cognizable on appeal. From the information you have given here, it does not appear that timely objections and motions were made on behalf of the defendant. Specifically, on your first point, even if a motion were made to dismiss the jury panel to start anew, a trial judge is given some leeway in strongly admonishing potential jurors who make statements that may infect the thinking of other potential jurors. On the second point, that kind of statement may be grounds for a mistrial, but that might depend upon whether there is a factual basis to disprove the judge's view that no jurors may have heard the statement. Also, the statement would have to be found prejudicial to defendant; and a motion for mistrial articulating the precise basis for the motion would have to have been made. On the final point, you expressly state no objection was made and that pretty much dooms the point on appeal.

    This response is not meant as legal advice nor does the giving of it constitute the formation of any attorney-client relationship. It is offered as a matter of public education.

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  • What is a criminal writ

    Steven’s Answer

    The process starts when a person detained in custody files a petitiion for writ of habeas corpus with the superior court of the county within which the person is detained. The petition seeks to remedy some unlawfulness of the person's confinement. The issues range from unlawfulness of the very proceeding that placed the person in confinement to various aspects of confinement such as medical treatment, physical abuse, lack of basic necessities, unlawful disciplinary actions and so on. One must typically exhaust his administrative remedies before filing a petition. If a petition is denied in the superior court, then a petition may thereafter be filed in the appellate court for the district of confinement; remedies beyond that might include resort to the state's supreme court or the federal courts.
    This information is intended for public education only. No attorney-client relationship is formed by virtue of this communication.

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  • I was convicted of Aggravated Robbery F2 in March 2007,no one was hurt, everything was returned recieved probation can I appeal?

    Steven’s Answer

    There may be various post-conviction, post-probation remedies you can seek, but an "appeal" is not. likely one of them. An appeal contests the validity of the judgment and must be pursued within a narrow time period after the entry of the judgment, for example, within 60 days. Your situation is one where you have evidently complied with and completed your probation imposed at the time of your judgment of conviction. Your terms of probation themselves my state the reward for your compliance, such as reduction of a felony to a misdemeanor, dismissal or expungment. If the terms of probation do not have such provisions, then you would need to look at your state penal code to determine whether any of these types of remedies are available. A call to your local probation office might provide an answer including information on what forms to fill out and whether a court hearing is necessary. If that route is unproductive, you should consult the attorney who has represented you or seek one.
    This information is not intended as legal advice and does not create an attorney-client relationship. It is offered for purposes of public education.

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  • How do you appeal a binding arbitration decision in family law? Or can you? (king County)

    Steven’s Answer

    Normally binding arbitration decisions are not assailable either by attacking enforcement in the trial court or by appeal. I cannot speak to Washington law, but in most states a binding arbitration ruling is the final word, with certain exceptions. For example, in California, a party may move to vacate an arbitration award on liimited grounds, such as: corruption, fraud, arbitrator exceeded authority or refusing to hear material evidence or failing to disclose potentially disqualifying information, or there is some miscalculation that is readily seen and can be easily corrected; otherwise, the decision of the arbitrator in deciding the merits of the case cannot be attacked.
    This discussion is not intended as legal advice and does not create an attorney-client relationship. It is offered as a matter of public education.

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  • My boyfriend got an extension on his criminal appeal what should I be doing next

    Steven’s Answer

    All too often litigants breathe a sigh of relief when granted extensions of time, when they should be nonetheless dilligently getting those acts performed that are necessary to pursuing their appeals. There is no guarantee that the court will grant further extensions of time, if, for example, you have not yet secured the services of an attorney on appeal. So it is important to not wait around until you only have a few days left. I am assuming that the court granted the extension based on some affidavit or declaration of cause and for a time certain, so double check on the comment that there is "no date for appeal." Perhaps the misunderstanding is that there is no date yet set for oral argument of the appeal, which does not usually get set until all of the briefing is completed.. For now, check what the new due date is for the opening brief to be filed. If an attorney is already on the case, cooperate with that attorney as requested; because appeals are based on questions of legal error, the interaction with the attorney will be less than what it was at trial where a collage of facts are being developed. A good attorney will consult with the client more as a matter of advising of appellate issues being raised so that you understand what is going on. If your boyfriend does not have an attorney, as previously explained, you must pursue one immediately, either court appointed if indigent or one of his own hire if not. Before the attorney can file an opening brief, the record of the proceedings below must be secured, if not already procured. It is not usually a good idea to try to represent oneself on appeal as the issues are mostly of law and not of fact.
    These comments are not intended to impart legal advice nor to create an attorney-client relationship. They are for purposes of public education.

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  • What does it mean when the Court of Appeals disposes a case without opinion?

    Steven’s Answer

    To start, this disposition would have to be in a jurisdiction and of a type of case that does not require a reasoned opinion, as is required for California appellate opinions, for example. Other jurisdictions allow summary opinions, but even those are "opinions." Without further information, I can only offer some possibilities here of the nature of the disposition of this case "without opinion." One possibility is that this is a disposition of a petition for writ of mandate or other form of writ request where a court is not required to issue an opinion in denying relief. Another type of petition that is typically disposed of without an opinion is a petition for review lodged in a supreme court in jurisdictions where this court can simply discretionarily deny granting the case a full hearing. Another possibility is that an appeal is defective and is dismissed for failure to meet procedural requirements. For example, the appeal may have been attempted from a nonappealable order. Most appellate courts' clerk's offices are willing to answer questions of this nature, so I would simply contact that office to find out on what basis the matter was disposed.
    Thiese comments are intended for general educational purposes and should not be considered as legal advice. No attorney-client relationship is formed based on this communication.

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  • What do I do if my ex-tenant is not complying to a mediation agreement submitted to the court via a Stipulation for Entry of Jud

    Steven’s Answer

    • Selected as best answer

    Properly executed mediation agreements are enforceable, and in you instance you appear to have properly gotten a stipulation to enter judgment against your tenant for the amount owing. Assuming that judgment will be entered, your next step is to use that judgment in order to collect payment, which is easier said than done. The crucial question is whether you have information that is still accurate about your ex-tenant. Do you know where he/she is employed, has a bank account,etc? The rental application may divulge this kind of information . Then again, the person may be deeply in debt and have left town without a trace. A collection attorney can help you try to enforce the judgment including getting an abstract of judgment which can be recorded as public notice and potentially force payment should the debtor try to transact in real property. The attiorney can also investigate possible assets, wage garnishment and other collection procedures. This statement is not intended as legal advice and no attorney-client relationship is hereby created. This response is aimed at providing public educational information concerning a very commom type of problem that many property owners and other judgment creditors experience.

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