Archived
Is it possible to appeal a federal prison sentence on the grounds that the public defender was negligent or incompetent?
Joshua's answer
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Answered on February 03, 2015
I agree with the consensus of my colleagues but I want to add one further observation. I assume that your brother's case arose out of California...
Archived
Should I get a lawyer if the simple assault is hear say.I also have witnesses to what happened,
And can I summons him to court
Joshua's answer
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Answered on February 02, 2015
If you think that is hearsay you do not know your evidence very well. Even if you did, it is never a good idea to try to defend your own case. I...
Caught Shoplifting but wasn't arrested. Few weeks have passed and still haven't received civil demand, case dismissed?
Joshua's answer
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Answered on February 02, 2015
Keep in mind that I do not practice in Nevada and if you are worried about this situation you should consult a local attorney. But just in general...
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Archived
What do i file to appeal a conviction based on ineffective public defense counsel
Joshua's answer
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Answered on February 02, 2015
I can't speak for Kansas, but in many jurisdictions claims of ineffective assistance of counsel are more appropriately raised in collateral review...
In a murder case where trial transcripts of jury instructions were not transcriped. Is that enough reason to reverse????
Joshua's answer
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Answered on February 02, 2015
Keeping in mind that I do not practice in Georgia my evaluation would be:
1. Missing transcripts of jury instructions must be presumed...
Archived
For what reasons does the district court of appeals deny an appointed counsels motion to withdraw
Joshua's answer
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Answered on January 31, 2015
Good question, and the denial of a motion to withdraw from a post-conviction appeal under Pennsylvania v. Finley is probably even more rarely...
Archived
The exhibits for a property trial were never filed with the court, and I wish to appeal, what can I do?
Joshua's answer
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Answered on January 31, 2015
Please note that I do not practice in Ohio and you should at the very least wait for a response from an Ohio attorney. Better yet, a consultation...
Archived
Can I fill a 1983 complaint against a retired judge or police
Joshua's answer
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Answered on January 30, 2015
There are a lot of problems with what you want to do. A judge probably enjoys complete immunity from a civil action such as a Section 1983 suit. ...
Archived
Does resjudicata bar a motion for a new trial based on newly discovered new evidence. It's been 3 weeks with no response .
Joshua's answer
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Answered on January 29, 2015
You may have some very serious problems getting a new trial, but res judicata will probably not be one of them, since this is a new claim. The...
Archived
If it was dismissed in the first court for not enough evidence. What evidence can a another court indict me on
Joshua's answer
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Answered on January 29, 2015
Your question leaves open too many possibilities. I see the two most likely situations as: (1) You had a preliminary hearing on a felony...
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