Archived
If you are representing yourself on an appeal, can you conduct your own investigation and interview "missing" witnesses?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
There is an ancient maxim in the law, "one who is his own lawyer has a fool for a client" Faretta v. California, 422 U.S. 806, 852...
Archived
Legal Advice on how do i go about getting a lawyer for an appeal on a divorce ruling when I don't have the funds to do so?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
If your divorce has been final for a year, you most likley cannot appeal the terms of the decree since the deadline for filing a...
In a Small Claims' appeal's hearing, is Discovery permissible, or is this too formal?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
Discovery is not permitted in small claims court. See CCP §116.310 "(b) The pretrial discovery procedures described in Section...
Archived
If an appeal is affirmed but several duplicate charges are dismissed should the sentence be reduced/amended?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
Not necessarily. If the sentence on those charges was concurrent to the others then the overall sentence will not be reduced. ...
Archived
What is likely to happen if I appeal the order resulting from an emergency motion my ex-husband filed?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
You can appeal. Whether you can win is an entirely different question which none of us can even begin to answer without examining...
Archived
My sons mother was unhappy with the decission of child custody and has filled an appeal. what will i be required to do?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
You are the opposing party in the divorce and the child custody matter. This makes you the respondent on appeal, i.e., the decision...
Archived
Do i have to turn myself in or present myself to court if im trying to appeal to get a diffrent judge and a diffrent sentece?
Timothy's answer
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Answered on September 04, 2012
Dear ?,
Since you say you are represented by counsel, we are barred by our ethics code from discussing your case with you. You must ask any...
Archived
CAn I sue a municipal, county, and state as well as the department of assigned counsel and possibly a non-commisioned 911 agency
Timothy's answer
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Answered on September 04, 2012
Dear ?,
You seem to be saying the case was dismissed. You could sue for mailicious prosecution if you can show there was no probable cause...
Archived
I filed a motion for an appellate bond at my sentencing and it was denied? What are the chances the appeals court overturn it?
Timothy's answer
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Answered on September 03, 2012
Dear ?,
You ask about the chances. They are not good. The appeals court will only rarely overrule the trial judge's exercise of...
Archived
Is martines v. ryan retroactive
Timothy's answer
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Answered on September 03, 2012
Dear ?,
In Martinez v. Ryan, 566 U.S. ___ (2012), the U.S. Supreme Court decided a very narrow issue interpreting the statutes regulating...
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