Am appealing pro se in federal court.
I agree with my colleagues that attempting an appeal pro se is not a wise idea is substantially reduces the already low probability of a successful outcome. But assuming that your mind is already made up to go ahead this way, let me make a suggestion.
Don't ask for forms or samples for motions. Learn what your burden is and what you have to show in order to succeed on your motion, and from there go on to figure out what you have to show in support in order to get the result that you want to obtain. At that point, and not before then, a review of a few samples could be helpful assuming that you can tell good samples from bad. Start by looking at Rule 9 of the Federal Rules of Appellate Procedure and any local rules which the 6th Circuit may have on the same subject. Work your way forward from there. If the 6th Circuit Court of Appeals has any guides or practice handbooks for litigants or attorneys, study them carefully.See question
I do have case (misdemner cl.A) with 2years probation ,since this happen I can not work and I need to go oversease to see my family for few months ,can I go or?
You cannot just go. If you do there is a substantial probability that the judge will revoke your probation and lock you up. What you have to do is ask for, and obtain, permission from the judge. This is done by filing a written motion with the court, getting it heard by the judge who put you on probation, persuading the judge that you should have permission, and getting the proper order entered. I strongly recommend that you put this project in the hands of your attorney. In my experience, motions for brief local travel are almost always granted. Motions asking permission to leave the country for a longer period are of course a harder sell and the judge will want to know why you have to go, why it cannot wait, where you are going to be, etc. Don't sit on this until the last minute. Get into court in plenty of time and be ready to change your plans if the judge gives you thumbs down. And having your lawyer do it will help a lot.See question
My case has been going on for over a year and has yet to be heard. Can I motion to dismiss due to insufficient evidence although its on appeal or do I have to wait years until they finally hear the case? My life is at standstill and the judge knew...
Your question is rather confusing but it sounds as though you went to trial in a criminal case, were found guilty, and are now taking an appeal from your conviction. Your first question appears to be whether you can bring a motion to dismiss for insufficient evidence before the appellate court and win your appeal that way without full briefing and argument. The answer to that, unless your state has some very unusual procedures that would allow that kind of thing (which is possible although I have never heard of it) is no, you cannot do that. And your implied second question is whether you can get your conviction reversed because the prosecution's testimony was not credible. Sorry, but that is almost always a dead-bang loser. Appellate courts to not reweigh issues of credibility; no, not even if she was impeached and not even if you think the evidence establishes that her testimony was all lies. I hope you have something a lot better going for you on your appeal. Talk to your attorney. If you do not have one yet, find a lawyer who is familiar with criminal appellate practice in North Carolina.See question
Not only does it "sometimes" happen, under the law of many states such a motion may be required in order to preserve certain issues for appeal. In other words, your state law may require that certain arguments or requests be submitted to the trial judge in the form of a motion so that the judge has an opportunity to consider and rule upon the isse, and if the trial judge has not been given that opportunity then the argument cannot be raised on appeal.
Rules governing the preservation of error vary widely from state to state.See question
I wanted to know how often do people get their sentences overturned , in cases of murder. If person was underage at the time of the incident but was sentenced as an adult, would that affect the appeal and reverse or lower the sentence?
An appeal is always an uphill fight and a very difficult one. Sentencing appeals in criminal cases are particularly difficult because the trial judge is allowed considerable discretion in deciding what sentence is appropriate. In general, and assuming that the appeal is timely, and further assuming that otherwise appealable issues have not been waived or forfeited, a sentence that is actually in violation of the law will be reversed on appeal. "Actually in violation of the law" means either that the sentence does not fall within the upper and lower limits set by the legislature as punishment for the offense of conviction, that the court failed to follow required procedure in setting the sentence or, in rare circumstances, that a sentence that does comply with the statute is for some reason unconstitutional. If, on the other hand, the sentence is not actually in violation of the law, an appellate court will seldom reduce a sentence merely because the appellate court judges think it is too long.
"How often" defendants obtain sentencing relief is a meaningless question. Every case is unique and it doesn't matter what happens in somebody else's case. If you can point to an actual and serious error of law in your sentencing proceedings, you have a shot. Otherwise you are on very shaky ground.
My love one received a life sentence for drugs due to past history. I've read up on cases such as Us vs Hinkle where as his life sentence was over turned. Is there anything that can assist him?
The answer to your posting depends in turn on the answers to many other questions, for example:
Was the sentence imposed in a state court or in a federal court?
Was the sentence imposed pursuant to a plea of guilty of after a trial?
How long ago was the sentence order imposed?
As the defendant taken an appeal? If so, what was the result, and when?
Numerous other questions that would have to be resolved before a lawyer can even begin to speculate as to whether there might be a remedy available in this case and, if so, what it might be. I suggest that you contact an attorney familiar with criminal appeals and collateral remedies the federal court system or in the state courts of the state in which this case was prosecuted.See question
Where do I find a list of common laws related to a civil case non-criminal Illinois laws? Also law related to cause like malice, intentional tort, e.g. Is there a book or complete listing that can be reviewed? Interested in the topic.
By the very nature of the law, which is more of a web than a list or an outline, there can be no such thing. The closest you might find would be an Illinois state law encyclopedia like Illinois Law and Practice but even that is multi-volume set that in print form takes several standard library shelves. If you could focus your question on a specific area of law you might turn to one of the practice handbooks published by the Illinois Institute for Continuing Legal Education, but keep in mind that these are written for trained attorneys.See question
I am a community college student. I have had trouble with a certain person since high school. Just my luck, she now goes to this college. In high school she harassed me and I made reports, but was threatened with "consequences" for making such rep...
Yes you need a lawyer, and, with respect, you need to learn to keep your mouth shut. Most people doing time in prison are there because they could not keep quiet.See question
My partner of 12 years and I are ending our relationship. I was curious to see if there was anything that would help me in this situation.
This has nothing to do with sex crimes or criminal practice. I will retag it so that the right attorneys will see your question.See question
We hire a criminal attorney to represent in a sentencing case, The sentence was to be 25 years due to laws for maximum sentencing. Once the courts sentence and send to a federal prison we ask for an appeal. This attorney back in November as we kno...
The notice of appeal, a very short, one-paragraph document, should have been filed in the district court within fourteen days of the entry of judgment of conviction on the court's docket. After that there is little for appellant's attorney to do other than housekeeping matters and making sure that the record is in preparation. An appeal moves slowly and November to March is not a long time in the life of a federal appeal. It is very possible that the record has not yet been completed. It is rare, in my experience, that appellant's brief would have been prepared, or even getting much attention, at this stage. What is that you think your attorney should have accomplished by this time? If the notice of appeal was in fact filed things may be all right. If the notice was never filed there is a big problem.
I agree that the attorney should keep the client up to date on the status of the case. In over forty years of practice I have seen time and again that failure to communicate with a client is the most common failing among lawyers and is the most frequent, and most often justified, complaint that lawyers have about their attorneys. You could pay a small fee to another lawyer to check out what is going on with the appeal.See question