What if any are the options when a U.S. Court of Appeals makes a factual misstatement error in its unpublished Opinion?
Gregory's answer
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Answered on April 25, 2022
You can file a petition for rehearing with the Fifth Circuit within 14 days after the date of its opinion stating what the factual error is in the...
Is there any recourse or actions I can or should take or consider barker test/speedy trial in higher courts?
Gregory's answer
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Answered on April 22, 2022
Your attorney can file a motion for speedy trial if this has not already been done, and ask for a hearing outside the jury's presence before the...
Can u clarify this meaning?
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Gregory's answer
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Answered on April 17, 2022
The language you are quoting from the divorce decree or judgment is intended to dispose of all claims and parties, and render a final, appealable...
What wins out if case law conflicts with statutory law (plain language)?
Gregory's answer
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Answered on April 15, 2022
If an appellate court has interpreted the language of a statute in a way that you feel does not comply with the written language in the statute,...
Can I appeal a plea bargain???
Gregory's answer
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Answered on April 13, 2022
Texas state law does not authorize an appeal from a plea bargain, unless the trial court grants you permission to appeal. If you are still on...
Can we lower the sentence if we appeal or can we re trial?
Gregory's answer
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Answered on April 12, 2022
If your husband was charged with a state first degree felony, which has a punishment range of 5-99 years, then the 50 year sentence imposed will be...
I am on probation for felony but took plea and signed for adjudication for probation. I was without meds for 65 days can I appea
Gregory's answer
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Answered on April 11, 2022
If it has been less than 30 days since the hearing in which you were adjudicated guilty, you can file a notice of appeal with the trial court...
What is a De Novo hearing?
Gregory's answer
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Answered on April 08, 2022
A de novo hearing is a new trial before the district judge, with no deference given to the associate judge's ruling.
How do I get a mandate recall
Gregory's answer
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Answered on March 29, 2022
If the trial judge has complied with the court of appeals' opinion, there is nothing further that you need to do. The mandate tells the trial...
What does “Response due regarding jurisdiction” mean in a court of appeals case?
Gregory's answer
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Answered on March 27, 2022
There is no set timeline for when the court of appeals will decide whether it has jurisdiction. You can call the court of appeals clerk's office...
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