Archived
What recourse do you have to an unlawful sentence if the issue wasn't raised on appeal and time has elapsed on motion to vacate?
David's answer
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Answered on March 30, 2015
That would depend on the underlying offense. If it not was the type of offense for which a court could even attach a habitual sexual offender...
Archived
Reopening an appeal?
David's answer
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Answered on March 28, 2015
You are correct in your analysis, but unfortunately you are out of options in state court, since as you note, it is too late for a motion for...
Archived
Can move appellate court to stay a dismissal with an existing appeal pending; and appeal the lower court's denial.
David's answer
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Answered on March 27, 2015
It sounds like you want to re-activate your appeal, with the argument that the lower court's dismissal is now a final appealable order.
You're...
Archived
Could a probation period be appealed or reduced?
David's answer
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Answered on March 27, 2015
Expungement eligibility is set by statute, so nothing can be done about that. And a court loses jurisdiction over the sentence once the final...
Archived
Appeals
David's answer
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Answered on March 26, 2015
Talk is cheap. What your friend needs is an objective opinion from an appeals lawyer who has had no previous involvement in the case.
Even if...
I am a pharmacist and was recently fired. I was denied unemployment because the company says i violated company policy .
David's answer
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Answered on March 23, 2015
You can contest your initial denial of unemployment and have your case heard by a hearing officer. These hearings can be conducted on the phone. ...
Archived
Appeal in a divorce case which is in the final stages
David's answer
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Answered on March 23, 2015
Suresh,
You can easily file the appeal, after paying the filing fee, and perhaps the clerk of courts can even assist you with some of the...
Archived
AFTER APPEALING THE MAGISTRATES DECISION HOW LONG TO APPEAL THE DECISION TO THE EIGHTH DISTRICT COURT OF APPEALS?
David's answer
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Answered on March 17, 2015
You technically don't "appeal" the magistrate's decision, but assuming you mean an objection, judges typically rule on an objection within one to...
Archived
WHAT ARE THE DIFFERENT COURTS TO APPEAL A CPS CASE STARTING WITH THE SMALLEST TO THE LARGEST.
David's answer
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Answered on March 16, 2015
If it's Cleveland, your case would begin in Cuyahoga County Juvenile Court. If a magistrate issued the decision, a timely objection (i.e., within...
Archived
DO I HAVE TO FILL OUT MORE THAN 1 FORM PER CHILD THAT I AM APPEALING IN JUVENILE COURT CONCERNING A CPS CASE?
David's answer
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Answered on March 16, 2015
You need to file a notice of appeal for each case number, not each child.
That said, I strongly advise you to obtain counsel to handle your...
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