Archived
Can I reopen an appeal etc a criminal conviction if officer accuses the department he worked for of corruption etc?
Herb's answer
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Answered on April 08, 2020
It might be, but procedurally much depends on timing. I recommend that you immediately consult with an attorney who handles criminal appeals an/or...
Archived
What does my daughter need to do after her appeal has been filed if she’s already in jail?
Herb's answer
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Answered on April 07, 2020
It actually is easy. Assuming that she does not have (or cannot afford) an appellate attorney, she simply needs to state that she needs an...
Can you explain in layman's terms what en banc mean?
Herb's answer
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Answered on April 06, 2020
It seems that you left out the most important part: was the petition for review granted or denied?
Archived
A defendant is appealing a $10,000.000 court decision. The actual damages were $15,000.00, can I increase claim amount?
Herb's answer
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Answered on April 04, 2020
Ms. Routledge is partially correct. If you are outside small claims, you would need to first file a Motion for New Trial seeking additional...
Can a case be appealed before paying a memorandum of cost?
Herb's answer
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Answered on April 04, 2020
Yes, the defendant can appeal. The post-trial cost issues are collateral to the judgment, and it is common for cost memos to be filed and costs...
Custody evaluation (730) evaluator was found non-qualified post-judgement. Options?
Herb's answer
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Answered on April 02, 2020
Hopefully you have family law counsel. Options include a motion for reconsideration if timely, or a new RFO.
How to proceed with writ of mandate petition with fewer respondents after sustained demurrer without leave to amend?
Herb's answer
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Answered on April 02, 2020
As an appellate attorney, the rea; question is whether you have grounds to appeal the order sustaining the demurrer. I recommend that you consult...
Archived
Can the trial court's jurisdiction over new trial motion be extended on the basis the court is tolled (because of COVID-19)?
Herb's answer
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Answered on April 02, 2020
Ultimately the appellate court will need to decide. Welcome to the world of Covid19 litigation.
Archived
My attorney made a federal court hearing to settle my 2state cases in Superior Court without my knowledge?
Herb's answer
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Answered on March 30, 2020
None of us can help you because we know nothing about your case or its status. You only and best option is to simply call you attorney and ask.
Archived
Are there forms to fill out for plaintiffs who don't want to file in small claim (plaintiff can't appeal) who can't afford atty?
Herb's answer
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Answered on March 29, 2020
If I understand your question, you are free to file in any appropriate court (small clams, limited and unlimited) in pro per. The higher up the...
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